Consumer Law Report: Analysis of Consumer Law Legislation in the UK

This report provides a detailed analysis of the changes in UK consumer legislation, particularly the Consumer Rights Act 2015. It examines the implications of the new law on goods, services, and digital content, outlining consumer rights such as the right to refunds, repairs, and replacements. The report also covers pre-contractual information, unfair contractual terms, and alternative dispute resolution mechanisms. Furthermore, it explores the application of the Act, including the definitions of 'consumer' and 'trader,' and discusses the punishment provisions. The report emphasizes the importance of the changes in protecting consumers from unfair trade practices and ensuring fair justice, with references to relevant case law and EU directives. This report aims to provide a comprehensive understanding of the current consumer law landscape in the UK.

Consumer Law

Table of Contents
INTRODUCTION...........................................................................................................................3
Changes in consumer legislation 2015........................................................................................3
Goods..........................................................................................................................................4
Digital content.............................................................................................................................5
Service.........................................................................................................................................6
Effect of pre-contractual information..........................................................................................6
Unfair contractual terms..............................................................................................................6
Alternative dispute resolution.....................................................................................................7
Inclusion of notice.......................................................................................................................7
Application..................................................................................................................................7
Punishment provision..................................................................................................................8
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
The consumer law secured the interest of buyer from unfair practice. Further, in this
legislation, right and duty is fixed during course of work. In previous years, Consumer protection
act 1979 has been followed by UK for purpose of securing the interest of purchaser. Further, in
present time period, many revolutions comes in force which modified provision for securing the
consumer interest 1. It is because UK has adopte changes linked to digital and services which
have direct impact on consumer. Therefore, amendment in consumer legislation is required for
protect to consumer's interest. This report consists of discussion on the effects on consumer
market that arise from changes in consumer legislation. Apart from this, it also comprises of the
amendment of some provision for the purpose of providing proper justice to patron.
Changes in consumer legislation 2015
The new legislation is the more complicated than the old one 2. It is because it covers 8
legislations into one place for purpose of making consumer better informed and protected when
buying goods and services.
Changes in consumer rights
Most of the rights of consumers remain the same as Consumer Act 1979. Some changes
have been made in consumer legislation which are given below:
 Right to refund within 30 days for faulty products.
 Right to questioning for unfair term, condition and cost. Along with this, it protected
from small print term 3.
CRA applied to contract and notice between a trader and consumer. Further, it covers good,
service and digital content. Therefore, CRA is in three parts and deals with:
 Consumer contract for goods, digital content and service.
 Unfair terms
1 Athreya Kartik, Juan M. Sánchez and Eric R. Young, . Labor market upheaval, default
regulations, and consumer debt. Review of Economic Dynamics. [2015] 18(1): 32-52.
2 Boush, David M., Marian Friestad, and Peter Wright. “Deception in the marketplace:
The psychology of deceptive persuasion and consumer self-protection”. Routledge. [2015].
3 Choudhary, Saroj Kant.[2015]. “Consumer Grievance Redressal under Consumer
Protection Act 1986 with Special Focus on Medical Services in India." Available at SSRN
2612346 (2015).[2015]

 Other miscellaneous power like investigating power etc.
Goods
 Goods must be similar with section 13, 14, 15, 16 and 17 of Sales of Good Act 1979.
Further, goods must be of satisfactory quality which meet with patron purpose 4. So that
provision relates to remedy has also consisted in new law.. Client has right to reject
goods within 30 days, if it is substandard or defective. Hence, newly introduce
legislation entitled to patron for full refund when they found for imperfect product.
 Shopper can also ask for repair or replace of goods from consumer. But, such option is
chosen by consumer.
 User of good and service has price reduction right if good are not similar with prescribed
quality. In addition,, it is not mandatory for consumer to choose.
The case of BSS Group Plc v Makers case clearly defines that court is liable to give
final decision on the basis of new law provision 5. In addition, court gives decision by analysing
provision link to consumer legislation. . On other hand, if old provision contrast to new
provision then court considers to new provision and gives their decision in effective manner.
The three tier structure generally operates as follows:
1. Short term right to reject – It is the new provision in consumer legislation where patron
available remedy within first 30 days 6. But it is applicable on short term life of goods
being supplied. Further, consumer is entitled to reject goods until received benefits from
trader.
2. Right to repair or replacement – Trader of good is entitled to provide goods as
description manner. Otherwise, consumer has right to repair or replacement within the
reasonable time period without causing any inconvenience to him. It must be noted that it
is an option for consumer for choosing this right as their convenience. Apart from this, if
4 Collins, S. R., M. Gunja and S. Beutel. . “Are Marketplace Plans Affordable? Consumer
Perspectives from the Commonwealth Fund Affordable Care Act Tracking Survey, March-May.
Issue brief”.[2015]. 29 pp.1-13.
5 Davis, Jeffrey. . “Regulating for the First Time the Decision to Grant Consumer Credit: A
Look at the First Steps Taken by the UK”. U. Fla. JL & Pub. Pol'y. [2015]. (26) 131.
6 Dobbie, Will, and Jae Song. “Debt relief and debtor outcomes: Measuring the effects of
consumer bankruptcy protection”. The American Economic Review [2015] 105(3) : 1272-1311.

consumer demand repair or replacement within first 30 days then consumer cannot utilize
short term right to rejection of good.
3. Right to price reduction or final right to reject – This remedy is provided to consumer
where repair and replacement is not possible in proper manner within reasonable time
frame 7. In addition, it is an option for consumer to either accept goods as usual or
demand for reduction in price. Apart from that, the consumer may also reject whole good
as consumer choice. Further, the reduction of price must be appropriate which should be
based on analysis of circumstances.
Digital content
This is the newly introduced provision in Consumer Act 2015. Further, it protected to
consumer from digital access or supply of unauthorised data. Moreover, it applied to digital
content which may be payable 8 or not payable because It attached with payable content.
It is defined as data which is produced and supplied in digital form. Further, it may be
supplied in tangible form like CD etc. and also can be produced and supplied in intangible form
such as MP3 music etc. therefore, it may cover virtual property which can either buy by real
money or virtual money which can be utilize to obtain by consumer from real money.
 Right to repair or replacement – The Consumer Act 2015 protects the interests of
consumers from digital content fault. Further, it gives right to the consumers for repair or
replacement of content with proper care and within reasonable time period without
causing significant inconvenience to consumer.
 Right to price reduction – It is another type of remedy that is provided to the consumer.
In case of service, it is not possible to reform, repair and replacement. But it must noted
that such remedy is only on choosing option of consumer. And reduction of price must be
appropriate and reasonable.
7 Drahozal, Christopher R. “Confidentiality in Consumer and Employment Arbitration”.
[2015].
8 Gambhir, Ramandeep Singh and Arvind Bhardwaj. . “Knowledge and awareness of
Consumer Protection Act among private dentists in Tricity”. Journal of family medicine and
primary care.[2015]. 4, 3: 347.

Service
Consumers are entitled to protect themselves from wrong service provided by service
provider. Further, this legislation gives right to consumer to ask for better service 9. In case
service does not match with proper standard and requirement, then it gives right to consumer to
demand for rectification of service with reasonable care or demand new service again for free. It
covers two tier remedies.
Tier 1 remedy – It obligated to trader for either redo the part or full of service with adequate
manner or perform whole service again as requirement.
Tier 2 remedy – The seller is required to provide price reduction if he did not provide service
with proper care and skill.
Therefore, it depends on court to determine the actual compensation which is mandatorily
required. Further, if service relates to time specify then it is not possible to perform whole
service again (like telephone operator services.) 10. In needed, there is tier 1 remedy cannot be
applicable further, consumer is entitled for tier 2 remedies. Hence, it is totally dependent on
court.
Effect of pre-contractual information
The Consumer Contract Act 2013 state that trader is required to provide detailed
information related to service, good and digital content before entering into contract. As per
CRA such type of information is treated as contractual term.
Unfair contractual terms
The CRA merges the various rules under Unfair Contract Terms Act 1977 and unsporting
term in consumer contract regulation 1999. Which protected to consumer from dirty advantage
by trader 11. Further, in new legislation, competent authority made some required changes related
to unfair term. Moreover, it consists grey list of terms that exhibited three new additions and
9 Grob, Rachel, and Mark Schlesinger. . “Educating, Enrolling, And Engaging: The State
Of Marketplace Consumer Assistance Under The Affordable Care Act”. Health Affairs. [2015].
34(12). 2052-2060.
10 House, White. "Administration discussion draft: Consumer Privacy Bill of Rights Act of .
Retrieved” [2015] 16 : 15.
11 Johnson, Charles J., Joseph McLaughlin, and Eric S. Haueter. . “Corporate finance and
the securities laws. Wolters Kluwer Law & Business”,[2015].

appears in schedule,2 of CRA. It shows that some of following: (A) allowing dis-appropriate
charges or Trader is required for payment to consumer in case of provided service which is not
match with reasonable manner.
The EU provision and case law are also important to be considered along with judgement
of court and are also treated as part of new law 12. It is because UK gives priority to EU
legislation and court case treated as interpretation of regulation.
The case of Phillips Products v Hyland [1987] state that claimant (Phillips) hired JCB
from Hampstead plant Hire, thus, under this contract plaintiff had to driver provided by ham
stead. Further, agreement also comprise that driver also servant of hired person. Moreover,
during driving JCB became uncontrolled and crashed with building which cause damages to
claimant in serious manner.
Court gives decision when mention term in agreement is exclusion clause which is unreasonable:
 The contract are based on short time period.
 The plaintiff was not familiarised with state term in contract agreements.
 The claimant has grand special exemption relates to legal transaction.
Alternative dispute resolution
The alternative dispute resolution is now available for all businesses to help consumers to
settle disputes directly13. In previous law, this service was available only in few sectors. As a
result of this, consumer had limited option to resolve dispute within stipulated time period. In
addition, it also provided some extra power to resolve dispute within stipulated time period.
Inclusion of notice
The consumer notice is related to right or obligation between trader and consumer.
Further, it is link to communication or announcement wheather it is made in oral from.
Therefore, this provision is added newly in this law for purpose of fairness regime. It is treated as
contract term.
12 Johnston, Jason Scott, and Todd J. Zywicki. . “The Consumer Financial Protection
Bureau's Arbitration Study: A Summary and Critique”. [2015].
13 Wolfe Jr, Donald J., and Michael A. Pittenger. . “Equitable Remedies And Monetary Relief
in the Court of Chancery”. 1. Corp and Commercial Practice in the Delaware Court of
Chancery. [2015].

Application
The consumer right act is applicable to contract and notice between trader and consumer.
Along with this, the act defines consumer and trader which are as follows:
Consumer may be individual or group of people who deal with business, professional for
specific purpose. Further, in the new law consumer definition is wider than old legislation.
Trader is defined as person who acts for trade, business and craft. On other hand, it also
comprises person who work on behalf of trader 14. Further, it included government department
and public sector as well.
Some provision of consumer act are not applied on finance service firm because of some
security issue and other legislation applicability issue. Moreover, this act does not make it clear
that which term has applied on finance services 15. Apart from this, directive of EU relating to
consumer act must be applied on UK legislation with proper manner. Further, UK gives priority
to EU legislation but matter related to national issue then UK has mandatory to applied own
rules and regulation.
The case of Trebor Bassett Holdings Ltd & Anor v ADT Fire and security Plc [2011] state that
supplier is liable to provide good as according to sales act 1979 provision. Further, seller fail to
provide good as mention description is liable to trader under consumer law's punishment
provision.
Punishment provision
In this act, punishment provision has been changed by adding some new content of
provision. Further, provision related to changes is for imprisonment and penalty for different
cases 16. Therefore, on some pinpoint area it included provision related to new penalty and
14 Kleef, Ellen Van, and Hans Dagevos. "The growing role of front-of-pack nutrition
profile labeling: A consumer perspective on key issues and controversies." Critical reviews in
food science and nutrition. [2015] 55, 3 : 291-303.
15 Ramachandrappa, Shwetha, and Vivek Sathyanarayan. . “Awareness of Consumer
Protection Act among medical and dental professionals-a cross sectional study from
Davangere, Karnataka, India”. Journal of Biomedical Sciences.[2015]. 1, (3) : 14-19.
16 Lee, Lian Fen, Amy P. Hutton, and Susan Shu. . "The role of social media in the capital
market: evidence from consumer product recalls." Journal of Accounting Research. [2015]. 53. 2
pp.367-404.

imprisonment. Apart from this, it also consists of digital area and it added provision related to
digital technology so that it secure to consumer interest from digital fraud by trader.
CONCLUSION
Summary of report state that UK government made many changes in the new consumer
legislation introduced in 2015. Further, it covers various amendment of previous provision and
added some new rules and regulation. Moreover, its main purpose is to protect to consumer from
unfair trade practice and provided the best class justice. It mainly covers changes related to
Good, Service and digital content. So that it has made many changes in particular provision
related to consumer protection. Apart from this, it has changes some term definition with
effective manner.

REFERENCES
Books and journal
Athreya Kartik, Juan M. Sánchez and Eric R. Young, . Labor market upheaval, default
regulations, and consumer debt. Review of Economic Dynamics. [2015] 18(1): 32-52.
Boush, David M., Marian Friestad, and Peter Wright. “Deception in the marketplace: The
psychology of deceptive persuasion and consumer self-protection”. Routledge. [2015].
Choudhary, Saroj Kant.[2015]. “Consumer Grievance Redressal under Consumer Protection Act
1986 with Special Focus on Medical Services in India." Available at SSRN 2612346
(2015).[2015].
Collins, S. R., M. Gunja and S. Beutel. . “Are Marketplace Plans Affordable? Consumer
Perspectives from the Commonwealth Fund Affordable Care Act Tracking Survey, March-
May. Issue brief”.[2015]. 29 pp.1-13.
Davis, Jeffrey. . “Regulating for the First Time the Decision to Grant Consumer Credit: A Look
at the First Steps Taken by the UK”. U. Fla. JL & Pub. Pol'y. [2015]. (26) 131.
Dobbie, Will, and Jae Song. “Debt relief and debtor outcomes: Measuring the effects of
consumer bankruptcy protection”. The American Economic Review [2015] 105(3) : 1272-
1311.
Drahozal, Christopher R. “Confidentiality in Consumer and Employment Arbitration”. [2015].
Gambhir, Ramandeep Singh and Arvind Bhardwaj. . “Knowledge and awareness of Consumer
Protection Act among private dentists in Tricity”. Journal of family medicine and primary
care.[2015]. 4, 3: 347.
Grob, Rachel, and Mark Schlesinger. . “Educating, Enrolling, And Engaging: The State Of
Marketplace Consumer Assistance Under The Affordable Care Act”. Health Affairs.
[2015]. 34(12). 2052-2060.
House, White. "Administration discussion draft: Consumer Privacy Bill of Rights Act of .
Retrieved” [2015] 16 : 15.
Johnson, Charles J., Joseph McLaughlin, and Eric S. Haueter. . “Corporate finance and the
securities laws. Wolters Kluwer Law & Business”,[2015].
Johnston, Jason Scott, and Todd J. Zywicki. . “The Consumer Financial Protection Bureau's
Arbitration Study: A Summary and Critique”. [2015].

Kleef, Ellen Van, and Hans Dagevos. "The growing role of front-of-pack nutrition profile
labeling: A consumer perspective on key issues and controversies." Critical reviews in
food science and nutrition. [2015] 55, 3 : 291-303.
Lee, Lian Fen, Amy P. Hutton, and Susan Shu. . "The role of social media in the capital market:
evidence from consumer product recalls." Journal of Accounting Research. [2015]. 53. 2
pp.367-404.
Ramachandrappa, Shwetha, and Vivek Sathyanarayan. . “Awareness of Consumer Protection Act
among medical and dental professionals-a cross sectional study from Davangere,
Karnataka, India”. Journal of Biomedical Sciences.[2015]. 1, (3) : 14-19.
Wolfe Jr, Donald J., and Michael A. Pittenger. . “Equitable Remedies And Monetary Relief in the
Court of Chancery”. 1. Corp and Commercial Practice in the Delaware Court of Chancery.
[2015].