Section 164 — Undertakings under section 163: enhanced consumer measures

(1) An undertaking under section 163(2) may include a requirement to take such enhanced consumer measures as the enforcer accepting the undertaking considers just and reasonable.

(2) For this purpose, the enforcer must in particular consider whether any proposed enhanced consumer measures are proportionate having regard to—

(a) the likely benefit of the measures to consumers,

(b) the costs likely to be incurred by the respondent, and

(c) the likely cost to consumers of obtaining the benefit of the measures.

(3) The costs referred to in subsection (2)(b) are—

(a) the cost of the measures, and

(b) the reasonable administrative costs associated with taking the measures.

(4) Where the respondent is required by an undertaking to take enhanced consumer measures, the undertaking may include requirements for the respondent to provide information or documents to the enforcer accepting the undertaking in order that the enforcer may determine if the respondent is taking those measures.

(5) Subsection (6) applies if—

(a) an undertaking under section 163(2) includes enhanced consumer measures offering compensation, and

(b) a settlement agreement is entered into in connection with the payment of compensation.

(6) A waiver of a person’s rights in the settlement agreement is not valid if it is a waiver of the right to bring civil proceedings in respect of conduct other than conduct which has given rise to the undertaking.

(7) This section is subject to section 177 (private designated enforcers).