Consumer Rights

Consumer Rights

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Members of chambers can provide advice and representation on consumer rights issues. This area typically involves concerns around the purchase of goods and services by consumers, whether the goods be generic products or bespoke products (may be accompanied by services), and whatever the nature of the services contracted for. By way of example, cconsumer rights would include a contract to purchase a computer, a bespoke home renovation, and an agreement for letting agent services. This section is addresses all such relations between consumers and traders, as regulated by the Consumer Rights Act 2015.

The Consumer Rights Act has, for the purposes of consumers, largely consolidated prior legislation such as the Unfair Contract Terms Act 1977, the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. Both consumers and traders benefit from the clarity and certainty which the Act achieves, but consumer protection regulation extends beyond, to encompass:

  • Rights of civil redress where traders have engaged in an unfair commercial practice such as misleading advertising or aggressive selling (under the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008);
  • Requirements to provide consumers with specified pre-contract information, and related rights of cancellation (under the Consumer Contracts (Information, Cancellation an Additional Charges) Regulations 2013);
  • Removal of barriers to accessing services across the European Economic Area (under the Provision of Services Regulations 2009);
  • Obligations arising under the Package Travel, Package Holidays and Package Tours Regulations 1992;
  • Product safety issues under the Consumer Protection Act 1987;
  • Information Commissioner’s Office matters (relating to collection and use of personal information); and
  • Consumer credit legislation;

In addition to relations between traders and consumers, members can advise on regulatory matters such as criminal enforcement of various aspects of the consumer protection regime.

Consumer Rights Barristers