Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law.
As a consumer of goods and services in the UK you are protected by a set of laws that aim to ensure fair trading. But because of the many varied ways of purchasing goods and services including the internet, market trading, discount warehouses and car boot sales, you may not be certain of your rights.
Consumer protection law ensures you have reasonable redress to genuine grievances, but it equally protects lawfully trading retailers and suppliers. Whilst there are specific solutions for pre-defined circumstances, much of the consumer protection law is simply a set of guidelines to follow to ensure a satisfactory resolution of any disputes.
A new bill (Act of Parliament), The Consumer Rights Act 2015 came into force on 1st October 2015.
The act replaced three big pieces of consumer legislation - the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations and the Supply of Goods and Services Act, and contains a clear list of rights for consumers, along with new measures to protect them.
Other key laws are listed below (click on the link for more information):
- Misrepresentation Act 1967
This protects consumers from false or fraudulent claims that induce you entering into a contract. - Consumer Credit Act 1974
This regulates credit card purchases but also gives you protection when you enter into a loan or hire agreement. - Section 75 of the Consumer Credit Act 1974
If you buy goods or services on your credit card, you have extra protection if things go wrong compared with paying by cash or cheque. - The Weights and Measures Act 1985
This is the main legislation covering weights and measures controls in the UK including the quantity and units of measurement that may be sold and the regulation of measuring equipment used for trade.
- Consumer Protection Act 1987
This covers product liability and remedies for damage or injury caused by unsafe goods etc and safety regulations for various goods such as electrical products and fire safety for children's clothing.
- Distance Selling Regulations 2000
These, give you extra rights and protection when you buy over the phone, by post or on the internet. - The Financial Services Regulations 2004
This covers most financial services made at distance - such as online or over the phone - whether made directly or through an intermediary.
- Consumer Contracts Regulations
Protection when shopping online if things go wrong. - Data Protection Act 2003
This gives you the right to know what information about you is held by companies. It also sets down rules for companies about how they handle your personal information.
- Package Travel and Linked Travel Arrangements 2018
By law you have the right to expect the package holiday that you booked and paid for. So the holiday description must be accurate otherwise you have refund and compensation rights.
- Denied Boarding Regulations 2004
These protect you if you are stranded because of cancelled or delayed flights.
- Consumer Rights Act travel amendments
Compensation for certain types of poor service on most transport services, including mainline passenger rail services and ferry journeys.
- Consumer Protection from Unfair Trading Regulations 2008
This protects consumers from unfair or misleading trading practices and ban misleading omissions and aggressive practices. - Payment Services Regulations 2017
These set out the law relating to banking and credit card matters including how unauthorised transactions must be dealt with. - Equality Act 2010
Protection if a company discriminates against you and refuses, terminates or changes the terms of a service. - Data Protection Act 2018 (GDPR)
Governs your personal data rights, including the way companies handle your data and the compensation you can claim for misuse of your data.
Collectively these laws detail the responsibilities of retailers as well as the rights of consumers.
The Consumer Rights Act
All goods you purchase must be:
- of satisfactory quality - last for the time you would expect and be free of any defects
- fit for purpose – fit for the use described and any specific use you made clear to the trader
- as described – match the description on packaging or what the trader told you
If your goods fail to meet any of the above criteria then you could have a claim under the Sale of Goods Act with the retailer (the company that sold you the product) not the manufacturer.
There are clear guidelines covering goods offered as "Sale Items":
- Both the original price and the sale price must be clearly displayed.
- In the absence of any other explanation of the offer terms, the item must have been on sale at the higher price for a minimum of 28 consecutive days, in that store, immediately prior to the offer.
- In the absence of any other explanation of the rules of the offer, or if the item is going out of date, the item shouldn't be on offer for longer than being sold at the higher price.
If you purchase goods on hire purchase (HP) then the hire purchase company is responsible for the quality of the goods supplied.
How can you tell that the scales your butcher uses to weigh the Sunday joint are accurate, or that the barman is giving you a fair measure? An explanation of the system which ensures that goods sold to you as a consumer are weighed or measured accurately, is available from GOV.UK.
A series easy to follow step-by-step guides and sample letters to assist you to claim or complain are available from Which? Consumer Rights.
Guides to "Consumer Rights" are available at the following links:
Advice on how to deal with specific problems with Goods and Services is available at the following MyAdviceGateway pages:
Financial Services
The Financial Conduct Authority (FCA) is a regulatory body in the United Kingdom that regulates the conduct of financial firms providing services to consumers including the regulation of consumer credit and maintains the integrity of the UK’s financial markets.
The FCA have brought in new rules, known as the Consumer Duty, which set a higher standard of consumer protection in financial services. The Duty means you should get: the support you need, when you need it. communications you understand. products and services that meet your needs and offer fair value.
Further information on the Consumer Duty is available at the following links:
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