LAW HANDBOOK

Understanding the scope of consumer protection Law

and relevance for Businesses

(Redirect Notice, 2021)

Contents:
1.1 Consumer Protection Law
1.2 Key features of Consumer Protection Laws
1.3 Vendors, Suppliers, Consumers and related terminology.
1.4 The key components of the current UK Consumer Rights Act and the
implications for Business.
Appendices
References
1.1 Consumer Protection Law

Consumer Rights Act 2015

The Consumer Rights Act 2015 it was introduced to simplify, strengthen and modernise the
law, giving you clearer shopping rights. (Consumer Rights Act 2015 - Which? Consumer
Rights, 2021)
1) A purpose of consumer protection law is product safety and regulation were according to
regulations. (General Product Safety Regulations 2005) "No producer shall place a product
on the market unless the product is a safe product”. (General product safety: producers |
Business Companion, 2021)
Example:
Children's articles, such as cots, prams, highchairs, bunk beds, toys.
2) A contract term and notice must be fair to be legally binding on your customer. If it isn’t,
they can challenge it including in court if necessary. (How to write fair contracts:
information for businesses, 2021)
Example:
Deposits, advance payments and cancellations.
3) Financial regulation protects you from financial risk and fraud. (Do Regulations Keep Your
Money Safer?, 2021)
Example:
Unethical mortgages, credit cards.
4) The Consumer Protection Act 1987 gives you the right to claim compensation against the
producer of a defective product if it has caused damage, death or personal injury.
(Consumer Protection Act 1987, 2021)
Example:
Food sold in its raw state.

1.2 Key features of Consumer Protection Laws

1) Consumer Credit Act 1974
The Consumer Credit Act regulates credit card buys but also gives you protection when you
enter a loan or hire agreement. (Consumer Credit Act 1974 - Which? Consumer Rights,
2021)
For the Key features of this Act see (Appendices A)
2) Consumer Protection Act 1987
The Consumer Protection Act 1987 gives you the right to claim compensation if a defective
product causes death, damage or injury. (Consumer Protection Act 1987, 2021)
For the Key features of this Act see (Appendices A)

3) Consumer Protection from Unfair Trading Regulations 2008

The Consumer Protection protects consumers from unfair or misleading trading practices.
(Consumer Protection from Unfair Trading Regulations 2008, 2021)
For the Key features of this Act see (Appendices A)

4) Consumer Contracts Regulations

The Consumer Contracts Regulations give you rights when shopping online, so you’re
covered if things go wrong. (Consumer Contracts Regulations, 2021)
For the Key features of this Act see (Appendices A)
5) The General Product Safety Regulations 2005 (GPSR)
Supply the main basis for ensuring the safety of consumer goods by imposing certain
controls. (General product safety: producers | Business Companion, 2021)
For the Key features of this Act see (Appendices A)

1.3 Vendors, Suppliers, Consumers and related terminology.

Definition of Vendor
A Vendor is someone who buys products from manufacturers or distributors and sells them
to the customer. (S, 2017)
Definition of Supplier
The supplier is defined as a businessperson or entity, who makes goods and services
available to another entity. (S, 2017)
Definition of Consumer
A consumer is an individual who, in their dealings with a trader, is acting for purposes wholly
or mainly outside their trade, business, craft or profession. (The sale and supply of goods |
Business Companion, 2021)
Finde more details about supply chain in (Appendices B)
1.4 The key components of the current UK Consumer Rights Act and the
implications for Business.
1) Goods this Chapter applies to a contract for a trader to supply goods to a consumer.
(Consumer Rights Act 2015, 2021)
Statutory rights which are implied in the contracts like goods must be: a satisfactory quality
(1), fit for purpose (2), as described (3), match a sample (4). (Consumer Rights Act 2015,
2021)
Remedial action: right to reject (partial) (5), repair or replacement (6) price reductions (7).
(Consumer Rights Act 2015, 2021)
Business cannot ignore statutory rights as they will face remedial action by Customers which
can have an impact for examples on profit reputation, retraining and going back to
manufacturer.
2) Digital this Chapter applies to a contract for a trader to supply digital content to a
consumer, if it is supplied or to be supplied for a price paid by the consumer. (Consumer
Rights Act 2015, 2021)
Statutory rights which are implied in the contracts like digital must be: a satisfactory quality
(1), fit for purpose (2), as described (3), Quality, fitness and description of content supplied
subject to modifications (4). (Consumer Rights Act 2015, 2021)
Remedial action: repair or replacement (5), price reductions (6), a refund (7). (Consumer
Rights Act 2015, 2021)
Business cannot ignore statutory rights as they will face remedial action by Customers which
can have an impact for examples on profit reputation, retraining and going back to
manufacturer.
3) Services this Chapter applies to a contract for a trader to supply a service to a consumer.
(Consumer Rights Act 2015, 2021)
Statutory rights which are implied in the contracts like services must be: reasonable care
and skill (1), reasonable price (2), contract terms (3), reasonable time (4) (Consumer Rights
Act 2015, 2021)
Remedial action: enforce terms about services (1), repeat performance (2), price reduction
(3). (Consumer Rights Act 2015, 2021)
Business cannot ignore statutory rights as they will face remedial action by Customers which
can have an impact for examples on profit, reputation, retraining and going back to
manufacturer.
4) Unfair terms this Part applies to a contract between a trader and a consumer. (Consumer
Rights Act 2015, 2021)

The rules are implied in the contracts like unfair terms must be contract terms and notices
to be fair (1), transparency (2), may have different meanings (3), must be regarded as unfair
(4). (Consumer Rights Act 2015, 2021)
Enforcement action: Enforcement of the law (1). (Consumer Rights Act 2015, 2021)
Business cannot ignore the rules as they will face enforcement action by Customers which
can have an impact for examples on profit and reputation.
5) Secondary tickets this section applies where a person (“the seller”) re-sells a ticket for a
recreational, sporting or cultural event in the United Kingdom through a secondary ticketing
facility. (Consumer Rights Act 2015, 2021)
Statutory rights which are implied in the contracts like secondary tickets must be: duty to
provide information about tickets (1), prohibition on cancellation or blacklisting (2), duty to
report criminal activity (3). (Consumer Rights Act 2015, 2021)
Enforcement action: enforcement of the law (1). (Consumer Rights Act 2015, 2021)
Business cannot ignore statutory rights as they will face enforcement action by Customers
which can have an impact for examples on profit and reputation.
For more details about the key components see (Appendices C)
Appendices:

A) Consumer Protection Law

Consumer Credit Act 1974

In addition, there is certain information that must be provided to you before a regulated
agreement is made. You must be informed of the following: the nature of the agreement,
the identity and address of the creditor, where applicable, the name and address of the
credit intermediary. (Consumer Credit Act 1974 - Which? Consumer Rights, 2021)
You must also be given key financial information including: the type of credit, the amount of
credit or the credit limit, the duration of the agreement, the rate of interest charges and the
APR and any conditions applicable to the rate, the total amount payable, the amounts and
timings of repayments. (Consumer Credit Act 1974 - Which? Consumer Rights, 2021)
Consumer Protection Act 1987
A product for the proposes of the Consumer Protection Act can be almost anything that can
be packaged and sold. (Consumer Protection Act 1987, 2021)
Buildings and land are not included but construction materials like bricks, girders and paving
slabs are. (Consumer Protection Act 1987, 2021)
Information and computer software also isn't included although printed instructions and
embedded software can be considered in relation to the overall safety of a product.
(Consumer Protection Act 1987, 2021)
Consumer Protection from Unfair Trading Regulations 2008
Under the Regulations, a commercial practice is 'unfair' if it fits both of the following
requirements: It falls below the good-faith standards of skill and care that a trader in that
industry would be expected to exercise towards customers, it affects, or is likely to affect,
consumers' ability to make an informed decision about whether to purchase a particular
product. (Consumer Protection from Unfair Trading Regulations 2008, 2021)
It is an offence under the Regulations for traders to use misleading or underhand tactics to
get you to part with your cash or make some other transactional decision that you would
not otherwise have made. (Consumer Protection from Unfair Trading Regulations 2008,
2021)
Consumer Contracts Regulations
For distance or off-premises sales Key information which the trader must provide includes: a
description of the goods, service or digital content, including how long any commitment will
last on the part of the consumer, the total price of the goods, service or digital service or the
way the price will be calculated if this can’t be determined, how you will pay for the goods
 or services and when they will be provided to you, all additional delivery charges and other
costs, details of who pays for the cost of returning items if you have a right to cancel and
change your mind, details of any right to cancel the trader also needs to provide, or make
available, a standard cancellation form to make cancelling easy, information about the
seller, including their geographical address and contact details and the address and identity
of any other trader for whom the trader is acting, information on the compatibility of digital
content with hardware and other software that the trader is aware of. (Consumer Contracts
Regulations, 2021)
The General Product Safety Regulations 2005 (GPSR)
A safe product is one that does not present any unnecessary risk to anyone when the
product is used in a normal or reasonably foreseeable way. In assessing the safety of
products, you must take account of the packaging, all accompanying instructions and any
other labelling. (General product safety: producers | Business Companion, 2021)
Where no published standards giving a presumption of conformity exist, the safety of a
product will be assessed by considering voluntary European standards or standards drawn
up in the UK, industry codes of good practice, the state of the art and technology,
reasonable consumer expectations concerning safety. (General product safety: producers |
Business Companion, 2021)
The main obligation on a producer is to supply a safe product, this means clear, legible,
durable warnings and instructions, allow for traceability by showing on the product or its
packaging. Risk assessment is a procedure for finding and assessing hazards, consisting of
three steps: find the hazard that is intrinsic and decide how serious it is, decide the
probability of injury, combine the hazard with the probability to decide risk. (General
product safety: producers | Business Companion, 2021)
B) Vendors, Suppliers, Consumers and related terminology.
Supply Chain is the assemblage of all persons, entities, resources, processes and
technologies which take part in the production and distribution of the goods and services,
effectively to the final consumer. (S, 2017)
Both supplier and vendor play the role of an intermediary in the supply chain. The major
difference between vendor and supplier lies in the purpose of sale, when the goods are sold
by the vendor to another party for the purpose of resale, a vendor will be called as a
supplier. Likewise, when the supplier supplies goods directly to the final consumer, he is
called as a vendor. (S, 2017)
Supplier sells goods to businesses for the purpose of resale. Vendors sell goods to the
customers for using purposes. (S, 2017)
In general, supplier supplies a specific type of goods to manufacturers in bulk quantities.
Unlike vendor, who keeps a wide variety of goods and provides the end user in small lots.
(S, 2017)
Supply chain
Supplier ----> Manufacturer ----> Distributor ----> Vendor ----> Consumer ----> Consumer
Example:
Farmer ----> Warehouse ----> Transport ----> Supermarket ----> Buyer ----> User
Basis for comparison Supplier Vendor Costumer

Meaning Supplier is the one Vendor is an Costumer is the

whose work is to individual or entity, person which is
supply the good or who sells goods and buying goods and
service required by services for a price to services for a price
the business. the consumer. from vendor.
Business relationship Business to business Business to consumer Costumer to
Consumer
Supply in chain link First Second Last
Objective To make the goods To sell the goods to To buy goods from
available to the the final consumer. vendors.
people who need it.
Purpose of sale Resale Use Buyer
Quantity provided Bulk Small Small
(S, 2017)
The difference between the customer and the consumer is that the consumer only uses the
product or service while the customer buys the goods and services from the seller either for
own use or to hand it over to the consumer. The customer can be the final customer but
there are also trade customers who add value and resell. (S, 2017)
Retail refers to the process of selling goods or services to customers through different
distribution channels to generate a profit.
Goods are a variety of products.
Purchasers are the persons which are buying goods.
Bulk is a large quantity of products.
C) The key components of the current UK Consumer Rights Act and the implications for
Business.
Goods

Rights 1) A satisfactory quality Every contract to supply goods is to be treated as

including a term that the quality of the goods is
satisfactory.
Rights 2) Fit for purpose Applies to a contract to supply goods if before the
contract is made the consumer makes known to the
trader (expressly or by implication) any particular
purpose for which the consumer is contracting for
the goods.
Rights 3) As described Every contract to supply goods by description is to be
treated as including a term that the goods will match
the description.
Rights 4) Match a sample This section applies to a contract to supply goods by
reference to a sample of the goods that is seen or
examined by the consumer before the contract is
made.
Remedies 5) Right to reject (partial) The consumer rejects goods under this section by
indicating to the trader that the consumer is rejecting
the goods.
Remedies 6) Repair or replacement A consumer who needs or agrees to the repair of
goods cannot require the trader to replace them, or
exercise the short-term right to reject, without giving
the trader a reasonable time to repair them
Remedies 7) Price reductions A consumer who has the right to a price reduction
and the final right to reject may only exercise one
(not both), and may only do so in one of these
situations
(Consumer Rights Act 2015, 2021)
Digital

Rights 1) A satisfactory quality Every contract to supply digital content is to be

treated as including a term that the quality of the
digital content is satisfactory.
Rights 2) Fit for purpose The contract is to be treated as including a term
that the digital content is reasonably fit for that
purpose, whether that is a purpose for which digital
content of that kind is usually supplied.
Rights 3) As described Every contract to supply digital content is to be
treated as including a term that the digital content
will match any description of it given by the trader
to the consumer.
Rights 4) Quality, fitness and Where under a contract a trader supplies digital
description of content content to a consumer subject to the right of the
supplied subject to trader or a third party to change the digital content,
modifications the following provisions apply in relation to the
digital content as changed as they apply in relation
to the digital content as supplied under the
contract.
Remedies 5) Repair or replacement A consumer who needs or agrees to the repair of
digital content cannot require the trader to replace
it without giving the trader a reasonable time to
repair it.
Remedies 6) Price reductions The right to a price reduction is the right to require
the trader to reduce the price to the consumer by a
suitable amount (including the right to receive a
refund for anything already paid above the reduced
amount).
Remedies 7) A refund The right to a refund gives the consumer the right
to receive a refund from the trader of all money
paid by the consumer for the digital content.
(Consumer Rights Act 2015, 2021)
Services

Rights 1) Reasonable care and skill Every contract to supply a service is to be treated
as including a term that the trader must perform
the service with reasonable care and skill.
Rights 2) Reasonable price In that case the contract is to be treated as
including a term that the consumer must pay a
reasonable price for the service, and no more.
Rights 3) Contract terms This Chapter is subject to any other enactment
which defines or restricts the rights, duties or
liabilities arising in connection with a service of
any description.
Rights 4) Reasonable time In that case the contract is to be treated as
including a term that the trader must perform the
service within a reasonable time.
Remedies 5) Enforce terms about The consumer's rights under this section and
services sections 55 and 56 do not affect any rights that
the contract provides for, if those are not
inconsistent.
Remedies 6) Repeat performance The right to require repeat performance is a right
to require the trader to perform the service
again, to the extent necessary to complete its
performance in conformity with the contract.
Remedies 7) Price reduction The right to a price reduction is the right to
require the trader to reduce the price to the
consumer by a suitable amount (including the
right to receive a refund for anything already paid
above the reduced amount).
(Consumer Rights Act 2015, 2021)
Unfair terms

Rules 1) Contract terms and notices to be A term is unfair if, contrary to the
fair. requirement of good faith, it causes
a significant imbalance in the
parties' rights and obligations
under the contract to the
detriment of the consumer.
Rules 2) Transparency A trader must ensure that a written
term of a consumer contract, or a
consumer notice in writing, is
transparent.
Rules 3) May have different meanings If a term in a consumer contract, or
a consumer notice, could have
different meanings, the meaning
that is most favourable to the
consumer is to prevail.
Rules 4) Must be regarded as unfair. A term of a consumer contract
must be regarded as unfair if it has
the effect that the consumer bears
the burden of proof with respect to
compliance by a distance supplier
or an intermediary with an
obligation under any enactment or
rule implementing the Distance
Marketing Directive.
Enforcement 5) Enforcement of the law The Competition and Markets
Authority and other regulators in
relation to the enforcement of this
Part.

(Consumer Rights Act 2015, 2021)

Secondary tickets

Rights 1) Duty to provide information about This section applies where a person
tickets (“the seller”) re-sells a ticket for a
recreational, sporting or cultural
event in the United Kingdom
through a secondary ticketing
facility.

Rights 2) Prohibition on cancellation or This section applies where a person

blacklisting
Rights 3) Duty to report criminal activity
Enforcement 5) Enforcement of the law
(Consumer Rights Act 2015, 2021)
(“the seller”) re-sells, or offers for
re-sale, a ticket for a recreational,
sporting or cultural event in the
United Kingdom through a
secondary ticketing facility.
This section applies only in relation
to an offence of which an operator
becomes aware after the coming
into force of this section.
A local weights and measures
authority in Great Britain may
enforce the provisions of this
Chapter in its area.
References:
Businesscompanion.info. 2021. General Product Safety: Producers | Business Companion.
[online] Available at: <https://www.businesscompanion.info/en/quick-guides/product-
safety/general-product-safety-producers> [Accessed 11 January 2021].
Businesscompanion.info. 2021. General Product Safety: Producers | Business Companion.
[online] Available at: <https://www.businesscompanion.info/en/quick-guides/product-
safety/general-product-safety-producers> [Accessed 12 January 2021].
Businesscompanion.info. 2021. The Sale And Supply Of Goods | Business Companion.
[online] Available at: <https://www.businesscompanion.info/en/quick-guides/goods/the-
sale-and-supply-of-goods> [Accessed 12 January 2021].
Google.com. 2021. Redirect Notice. [online] Available at: <https://www.google.com/url?
sa=i&url=https%3A%2F%2Fwww.thebalancesmb.com%2Fhow-consumer-protection-laws-
affect-businesses-
4161325&psig=AOvVaw1yLSRweE5wOH7EvuM_8usx&ust=1610491461405000&source=ima
ges&cd=vfe&ved=0CAIQjRxqFwoTCPCXi7n6lO4CFQAAAAAdAAAAABAD> [Accessed 11
January 2021].
GOV.UK. 2021. How To Write Fair Contracts: Information For Businesses. [online] Available
at: <https://www.gov.uk/guidance/how-to-write-fair-contracts> [Accessed 11 January
2021].
Legislation.gov.uk. 2021. Consumer Rights Act 2015. [online] Available at:
<https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2> [Accessed 12 January
2021].
Legislation.gov.uk. 2021. Consumer Rights Act 2015. [online] Available at:
<https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/3> [Accessed 12 January
2021].
Legislation.gov.uk. 2021. Consumer Rights Act 2015. [online] Available at:
<https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/4> [Accessed 12 January
2021].
Legislation.gov.uk. 2021. Consumer Rights Act 2015. [online] Available at:
<https://www.legislation.gov.uk/ukpga/2015/15/part/2> [Accessed 12 January 2021].
Legislation.gov.uk. 2021. Consumer Rights Act 2015. [online] Available at:
<https://www.legislation.gov.uk/ukpga/2015/15/part/3/chapter/5> [Accessed 12 January
2021].
S, S., 2017. Difference Between Vendor And Supplier (With Comparison Chart) - Key
Differences. [online] Key Differences. Available at: <https://keydifferences.com/difference-
between-vendor-and-supplier.html> [Accessed 12 January 2021].
The Balance. 2021. Do Regulations Keep Your Money Safer?. [online] Available at:
<https://www.thebalance.com/financial-regulations-3306234> [Accessed 12 January 2021].
Which? Consumer Rights. 2021. Consumer Contracts Regulations. [online] Available at:
<https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations>
[Accessed 12 January 2021].
Which? Consumer Rights. 2021. Consumer Credit Act 1974 - Which? Consumer Rights.
[online] Available at: <https://www.which.co.uk/consumer-rights/regulation/consumer-
credit-act> [Accessed 12 January 2021].
Which? Consumer Rights. 2021. Consumer Protection Act 1987. [online] Available at:
<https://www.which.co.uk/consumer-rights/regulation/consumer-protection-act-1987>
[Accessed 12 January 2021].
Which? Consumer Rights. 2021. Consumer Protection From Unfair Trading Regulations 2008.
[online] Available at: <https://www.which.co.uk/consumer-rights/regulation/consumer-
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Which? Consumer Rights. 2021. Consumer Rights Act 2015 - Which? Consumer Rights.
[online] Available at: <https://www.which.co.uk/consumer-rights/regulation/consumer-
rights-act> [Accessed 11 January 2021].

Case study
Introduction
Understand basic consumer rights when purchasing goods and services and relevance for
businesses by assessing Clare rights and remedy on her problems and what implication have
to the business.
1. T-shirt: a) the appropriate rights for Clare are Chapter 2 Consumer Rights Act 2015
no 13 “Goods to match a sample “11 “goods to be as described” b) appropriate
remedies would be Chapter 2 Consumer Rights Act 2015 no 23 “right to a
replacement “c) business implication of remedy might be reduced profit, retraining
staff member and reputation risk. (Consumer Rights Act 2015, 2021)
For more explanation see (Appendices A)
2. Hot water bottle: a) the appropriate rights for Clare are Chapter 2 Consumer Rights
Act 2015 no 9 “Goods to be of satisfactory quality”14” Goods to match a model seen
or examined” b) appropriate remedies would be Chapter2 Consumer Rights Act 2015
no 19 “Consumer's rights to enforce terms about goods”20” right to reject” c)
business implication of remedy might be reputation risk and reduced profit.
(Consumer Rights Act 2015, 2021)
For more explanation see (Appendices A)
3. Washing machine: a) the appropriate rights for Clare are Chapter 2 Consumer Rights
Act 2015 no 11 “goods to be as described” Chapter 4 Consumer Rights Act 2015 no
52 “Service to be performed within a reasonable time” b) appropriate remedies
would be Chapter 2 Consumer Rights Act 2015 no 19 ““Consumer's rights to enforce
terms about goods”20” right to reject” Chapter 4 Consumer Rights Act 2015 no 54
“Consumer's rights to enforce terms about services” c) business implication of
remedy might be reputation risk, product going back to manufacturer and reduced
profit. (Consumer Rights Act 2015, 2021)
For more explanation see (Appendices A)
4. Computer game: a) the appropriate rights for Clare are Chapter 3 Consumer Rights
Act 2015 no 34 “Digital content to be of satisfactory quality” b) appropriate remedies
would be Chapter 3 Consumer Rights Act 2015 no 42 “Consumer's rights to enforce
terms about digital content” 43 “Right to repair or replacement” c) business
implication of remedy might be reputation risk and reduce profit. (Consumer Rights
Act 2015, 2021)
For more explanation see (Appendices A)
 5. Slipping over: a) the appropriate rules for Clare are Part 2 Consumer Rights Act 2015
no 65 “Bar on exclusion or restriction of negligence liability” b) appropriate
enforcement would be Part 2 consumer Rights Act 2015 no 70 “Enforcement of the
law on unfair contract terms" c) business implication of enforcement might be
reputation risk, retraining people and reduced profit. (Consumer Rights Act 2015,
2021)
For fracturing her hand according to Section 2(1) of the Consumer Protection Act 1987,
“damage is established when there has been any damage” she can claim company for the
damage. (Consumer Protection Act 1987, 2021)
For more explanation see (Appendices A)

6. Phoned the shop: a) the appropriate rules for Clare are Part 2 Consumer Rights Act
2015 no 62 “Requirement for contract terms and notices to be fair” b) appropriate
enforcement would be Part 2 consumer Rights Act 2015 no 70 “Enforcement of the
law on unfair contract terms" c) business implication of enforcement might be
reputation risk and reduced profit. (Consumer Rights Act 2015, 2021)
For more explanation see (Appendices A)

Appendices
A) Explanation about what can Claire do.
1. About the t-shirt, Claire can go back to store and tell them the product she bought
doesn’t fit with the product she saw advertised in the shop and according to
Consumer Rights Act 2015 they can replace the item, or she can give back the item
take her money back and go spend it on something else, and if not provided with
either, based on the Consumer Rights Act of 2015, she can sue them.
2. About the hot water bottle, Claire can go back to store and tell them the product she
bought doesn’t have a satisfactory quality and according to Consumer Rights Act
2015 They must replace the item, or she can give back the item take her money back
and go spend it on something else, and if not provided with either, based on the
Consumer Rights Act of 2015, she can sue them.
3. About washing machine, Claire can go back to the store and ask for a refund or a
replacement and if not provided with either, based on the Consumer Rights Act of
2015, she can sue them.
4. About computer game, Claire can go back to the store and ask for a refund or a
replacement and if not provided with either, based on the Consumer Rights Act of
2015, she can sue them.
5. About slipping over and fracturing her hand Claire can go back to the swimming pool
and tell them that she will do a claim for fracturing her hand because of negligence
of a new staff or based on Consumer Rights Act of 2015 and Consumer Protection
Act 1987, she can sue them.

References
Legislation.gov.uk. 2021. Consumer Rights Act 2015. [online] Available at:
<https://www.legislation.gov.uk/ukpga/2015/15/contents> [Accessed 15 January 2021].
Which? Consumer Rights. 2021. Consumer Protection Act 1987. [online] Available at:
<https://www.which.co.uk/consumer-rights/regulation/consumer-protection-act-1987>
[Accessed 15 January 2021].

How Consumer law is enforced.

Introduction
Understanding how consumer Law is enforced by assessing how the CMA and CAA
regulatory bodies has addressed a market wide consumer problem and enforced
compliance with legislation.

Competition and Market Authority

1) Competition and Market Authority select the least costly remedy, or package of remedy,
that it considers will be effective. Making an Order under section 84 of the Act, which will
prohibit the Merger and prevent the Parties from attempting to merge within the next ten
years, absent a change of circumstances. (2019)
Assessment and conclusions on remedies follow CMA consultations on (a) CMA Remedies
Notice, published on 17 December 2013; (b) CMA provisional decision on remedies and
further working papers, in particular a working paper revising our estimate of the detriment
arising from ToH 1, published on 12 June 2014; and (c) a further consultation on Remedy 1C,
published on 28 July 2014. (2014)
Example: Anticipated merger between J Sainsbury PLC and Asda Group Ltd
2) The composition of a relevant market is usually determined by the degree of demand
substitutability, but that the CMA will, where relevant, include supply-side factors in
defining the market. CMA refer specifically to PMI and thus exclude insurance of commercial
and public service vehicles, and motorcycles. There are many specialist providers for these
types of insurance, and, in our view, it was unlikely that they would have the capabilities
and/or assets to switch to the provision of PMI in a way which would impact significantly on
the sale of PMI. The market was not wider than PMI. (2014)
Example: Privet Motor Insurance (PMI)
3) CMA have found that prohibition of the Merger represents the only effective remedy to
the SLCs they found. They also found that this remedy is proportionate in relation to the
SLCs and their adverse effect. (2019)
A prohibition on all PCWs and PMI providers entering into or performing agreements which
include an MFN relating to the sale of PMI, except narrow MFNs, where ‘narrow MFNs’ are
defined as covering the insurance provider website only. A prohibition on behaviours which
have as their effect the elimination or reduction of competition between PCWs in a similar
way to wide MFNs (namely, preventing prices being quoted lower on other PCWs or other
sales channels other than the PMI provider’s own website). This measure will apply to those
PCWs which generate more than 300,000 PMI sales per year.CMA believed that this package
of remedies represented as comprehensive a solution as was reasonable and practicable to
remedy the AECs and resulting customer detriment that we had found. (2014)
Civil Aviation Authority
1) Civil Aviation Authority take enforcement action against airlines for care and assistance
during disruption; compensation for missed connections; denied boarding (when passengers
are “bumped” from flights); and downgrading (when passengers are downgraded to a lower
seat class). (2017)
The CAA has commenced enforcement action “Part 8 of the Enterprise Act 2002” against
American Airlines, Emirates, Etihad, Turkish Airlines and Singapore Airlines. CAA charges
each airline for handling a passenger complaint. Imposing enhanced consumer measures
“Schedule 7 of the Consumer Rights Act 2015” action which could include measures to
ensure future compliance, improve consumers’ ability to make an informed choice or
provide financial redress when there has been financial loss. (2017)
Example: American Airlines, Emirates, Etihad, Singapore Airlines and Turkish Airlines all face
action from the Civil Aviation Authority
2) The airlines’ refusal to pay compensation in these instances fails to meet the legal
passenger rights requirements for flight disruption. Under European rules, passengers are
legally entitled to compensation if they arrive at the destination of their journey more than
three hours late, including if booked on a connecting flight, unless the delay was due to
extraordinary circumstances. These rights apply to any flight departing an EU airport,
regardless of the nationality of the airline. (2017)
Example: Emirates refuse to pay compensation for connecting flights.
3) CAA consider it is important to tackle this issue and ensure that airlines compete fairly
against each other. The CAA charges airlines a fee of £150 for each complaint received. The
airlines concerned have told CAA that in their view the law is unclear, yet most are
continuing to refuse passenger claims. Singapore Airlines has confirmed that it will not
refuse passenger claims and will instead place claims on hold. The largest number of
complaints CAA received about missed connections relates to Emirates. Emirates refuses to
cooperate with the CAA’s Passenger Advice and Complaints Team in its investigations of
these complaints. Emirates refuses to pay the fee that the CAA charges each airline for
handling a passenger complaint. this is unacceptable and we will be initiating debt recovery
proceedings. CAA will commence a review of airline policies and procedures in relation to
cancellations and their obligations to offer passengers the choice between a refund or re-
routing. (2017)

Conclusion
In essay above I have explained how consumer Law is enforced by assessing how the CMA
and CAA regulatory bodies has addressed a market wide consumer problem and enforced
compliance with legislation.
References
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Assets.publishing.service.gov.uk. 2019. [online] Available at:
<https://assets.publishing.service.gov.uk/media/5cc1ec1340f0b64031cfa6f0/
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Publicapps.caa.co.uk. 2017. [online] Available at:
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