The Department of Business, Innovation and Skills (BIS) has published guidance for businesses on the Consumer Protection (Amendment) Regulations 2014 (the Regulations).
The Regulations amend the Consumer Protection from Unfair Trading Regulations 2008 (CPUT Regulations) to give new rights of redress to consumers who are misled or intimidated into entering a contract or making a payment. The guidance summarises the acts and omissions that trigger consumers’ new private rights of redress, and their new remedies. The new standard remedies are the right to:
- unwind the contract and receive a full refund; and
- keep the goods or service, but request a discount to the price.
Under the Regulations, the consumer will have a right to seek damages. Provided that it has been shown that the trader has committed a misleading or aggressive action under the CPUT Regulations, the consumer will not need to demonstrate loss to claim the new standard remedies. However, the consumer will still need to demonstrate loss in order to claim the damages remedy.
The changes come into force on 1 October 2014 and apply to contracts entered into, or payments made, on or after that date.
View Misleading and aggressive commercial practices – new private rights for consumers, 15 August 2014