Digital Markets, Competition and Consumers Act 2024

Consumers’ rights of redress relating to unfair commercial practices U.K.

Prospective

232 Rights of redress U.K.

(1) A consumer has rights of redress under this Chapter if each of the following four conditions is met.

(2) The first condition is that—

(a) the consumer enters into a contract with a trader under which the trader supplies a product to the consumer (a “business-to-consumer contract”),

(b) the consumer enters into a contract with a trader under which—

(i) the consumer supplies a product to the trader, and

(ii) the trader does not supply a product to the consumer (a “consumer-to-business contract”), or

(c) the consumer makes a payment to the trader for the supply of a product (a “consumer payment”).

(3) The second condition is that—

(a) the trader engages in a prohibited practice in relation to the product, or

(b) in a case where a consumer enters into a business-to-consumer contract for goods or digital content—

(i) a producer engages in a prohibited practice in relation to the goods or digital content, and

(ii) when the contract is entered into, the trader is aware of the commercial practice that constitutes the prohibited practice or could reasonably be expected to be aware of it.

(4) The third condition is that the prohibited practice is a significant factor in the consumer’s decision—

(a) to enter into the contract mentioned in subsection (2)(a) or (b), or

(b) to make the payment mentioned in subsection (2)(c).

(5) The fourth condition is that the product concerned is not a product excluded from the application of rights of redress by regulations under section 233.

(6) In subsection (3), “producer” means—

(a) a manufacturer of the goods or digital content,

(b) an importer of the goods or digital content into the United Kingdom, or

(c) a person purporting to be such a manufacturer or importer by placing the person’s name, trade mark or other distinctive sign on the goods or by using it in connection with the digital content,

and includes a producer acting personally or through another person acting in the producer’s name or on the producer’s behalf.

(7) In this Chapter, “prohibited practice” means an unfair commercial practice involving—

(a) a misleading action, or

(b) an aggressive practice.

(8) For the purposes of subsection (7), section 225(4)(a) applies as if the reference to a transactional decision were a reference to any decision taken by a consumer to—

(a) enter into a business-to-consumer contract,

(b) enter into a consumer-to-business contract, or

(c) make a consumer payment.

Commencement Information

I1 S. 232 not in force at Royal Assent, see s. 339(1)

233 Rights of redress: further provision U.K.

(1) The Secretary of State may by regulations provide for any of the following descriptions of rights to be exercisable by a consumer who has rights of redress under this Chapter—

(a) a right to unwind in respect of a relevant contract or consumer payment;

(b) a right to a discount in respect of a supply of a product under a relevant contract;

(c) a right to damages in respect of financial loss, distress or physical inconvenience or discomfort.

(2) Regulations under this section may include provision—

(a) about how a right is to be exercised by the consumer;

(b) for an amount of discount mentioned in subsection (1)(b) to be determined in accordance with the regulations;

(c) about the circumstances in which damages mentioned in subsection (1)(c) are or are not payable;

(d) imposing conditions or restrictions on the exercise of a right;

(e) about the consequences of the exercise of a right;

(f) excluding products of a description specified in the regulations from the application of the rights of redress available under this Chapter.

(3) Provision under subsection (2)(e) about the consequences of the exercise of a right may (among other things)—

(a) provide for the termination of a relevant contract;

(b) require the trader to make a refund of an amount determined in accordance with the regulations;

(c) require goods supplied under a relevant contract to be returned or for payment to be made in respect of such goods.

(4) In this section, “relevant contract” means—

(a) a business-to-consumer contract;

(b) a consumer-to-business contract.

(5) Regulations under this section are subject to the affirmative procedure.

Commencement Information

I2 S. 233 in force at Royal Assent for specified purposes, see s. 339(2)(c)

I3 S. 233 in force at 6.4.2025 in so far as not already in force by S.I. 2025/272, reg. 2(1)(3)

Prospective

234 Enforcement of rights of redress U.K.

(1) A consumer with a right to unwind, a right to a discount or a right to damages by virtue of regulations under section 233 may bring a claim in civil proceedings to enforce that right.

(2) In Scotland, proceedings to enforce a right to unwind may be brought before the Sheriff or the Court of Session.

(3) If in proceedings under this section the consumer establishes that the consumer has one of the rights mentioned in subsection (1), the court must make an order that gives effect to—

(a) that right, and

(b) any associated obligations of the consumer imposed by regulations under section 233.

(4) The Limitation Act 1980 applies to a claim under this section in England and Wales as if it were an action founded on simple contract.

(5) The Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) applies to a claim under this section in Northern Ireland as if it were an action founded on simple contract.

Commencement Information

I4 S. 234 not in force at Royal Assent, see s. 339(1)

Prospective

235 Relationship between rights of redress and other claims relating to prohibited practices U.K.

(1) Nothing in this Chapter affects the ability of a consumer to make a claim under a rule of law or equity, or under an enactment, in respect of conduct constituting a prohibited practice.

(2) But a consumer may not—

(a) make a claim to be compensated under a rule of law or equity, or under an enactment, in respect of such conduct if the consumer has been compensated in respect of the conduct by virtue of regulations under section 233, or

(b) make a claim to be compensated under this Chapter in respect of such conduct if the consumer has been compensated under a rule of law or equity, or under an enactment, in respect of the conduct.

Commencement Information

I5 S. 235 not in force at Royal Assent, see s. 339(1)