Skip to main content

News story

January 28, 2022

Consumer credit and competition law reforms

Consumer legislation in England and Wales aims to maintain lower prices, produce better products and services and uphold consumer rights. However, this legislation is inadequate at protecting consumers, and reforms are due.

The proposed reforms aim to safeguard consumers’ cash and eradicate the exploitation of online customers, as economic recovery from the COVID-19 pandemic relies heavily on the markets and consumers’ confidence in them.

The regulator and its powers

The Competition and Markets Authority (CMA) is the competition regulator in the UK. Current legislation is inadequate because the CMA is slow to act, and its sanctions are too weak to deter.

The government suggests that the reforms will give enhanced power to the CMA for breaches of consumer protection legislation such as increased financial penalties (up to 10% of a global turnover) and the ability to enforce consumer law directly rather than having to go through the process of taking the business to court.

The government hopes that the increased powers available to the CMA will hold businesses accountable and protect consumers from the following issues.

Subscription traps

The first issue identified for reform is subscription traps for online consumers, such as automatic subscription renewals and hidden fees.

In response to this commonly experienced issue, the government will start requiring businesses clearly to inform customers of what they are signing up for, the minimum contract terms and all relevant billing information. In addition, the proposal to make businesses allow the customer to choose whether to re-subscribe should tackle the problem of auto-renewal and make it easier to cancel subscriptions.

These changes are most likely to affect the digital services industry, and companies within that industry may need to alter their business models to accommodate the proposed changes.

Fake reviews

Another critical issue that threatens consumer confidence is online fake or misleading reviews. Not only do fake reviews distort the market, but they also undermine fair competition and ultimately undercut consumer trust in the market.

The Consumer Protection from Unfair Trading Regulations 2008 prohibit these unfair practices by businesses. However, in its reforms, the government intends to make it illegal to pay someone to write or host a fake review.

Dodgy business tactics

The final issue the government intends to tackle with its reforms is ‘dodgy business tactics’. For example, companies use websites to display their products in a particular order to influence consumer choice. These tactics limit consumers’ ability to make informed choices and harm fair competition as businesses can pay to have their products feature highly on a trader’s website without disclosing this.

These reforms are essential because consumer trust is key to economic recovery. Fair market competition will assist both big and small businesses. It provides more opportunities and ensures that companies provide the best possible service to their customers and do not use unfair tactics to influence the market. However, these reforms are undetailed proposals, so which reforms, if any, are brought into legislation remains to be seen.

Contact corporate lawyer Victoria Holland to check your company complies with consumer law and is ready for any planned changes in legislation.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • New sexual harassment rules may signal changes to office parties or a decline altogether
    Tomorrow is expected to be one of the busiest nights for office Christmas parties this year. While these celebrations are a staple of the festive season, offering a chance for colleagues to unwind and bond, they also bring unique challenges for emplo


    Read more
  • Employers need to support couples during relationship breakups
    Family Christmases are often followed by the news of unhappy couples calling it quits in January, leading to so-called "Divorce Day", as family lawyers receive numerous enquiries when they reopen after the Christmas break.


    Read more
  • What are trustee responsibilities? A guide to key duties and best practices
    Trustees' responsibilities encompass a wide range of duties when overseeing a trust estate under their care.


    Read more
  • What is the Employment Rights Bill 2024?
    The Employment Rights Bill 2024 marks a pivotal moment in UK employment law, promising the most significant reforms in over three decades


    Read more
  • Autumn Budget Statement 2024
    Key implications for employment law, property law, and estate planning


    Read more

What they say...

  • Howard, December 2024
    “Outstanding service. The process from start to finish was run so smoothly. Very professional and everyone involved was a pleasure to deal with and helped with easy to understand guidance, especially during this difficult time of losing a close

  • Ms McVeigh, December 2024
    Advice on redundancy, exit negotiations and settlement “I would like to express my gratitude to RIAA Barker Gillette (UK) LLP and specifically, Patrick Simpson for handling my case with professionalism whilst being prompt and personable. The pr

  • Rob Henderson, December 2024
    “Thoroughly professional. Way to deal with and access.” Contract review

  • Ms Lind, December 2024
    “I would highly recommend Patrick! Patrick advised me when I was being made redundant, making sure I was aware of my rights and advocated for me in all communications with my company. He came across very professional, trustworthy and knowledgea

  • Pal Peshikaj, December 2024
    “Compare Ben Marks and Martin Alfreds with MJ and Pippen – the conveyancers dream team. Both Ben and Martin were amazing in assisting us with the completion of our first purchase. Martin was always accessible, understanding and prompt whe

Read more
Send this to a friend