You Were Misled About a Purchase
If a trader made a false or misleading statement about a product or service that caused you to make a purchase you would not otherwise have made, you may have statutory rights to unwind the transaction and claim damages under consumer protection legislation.
Quick Answer
Since 6 April 2025, misleading actions, misleading omissions and aggressive commercial practices by a trader are unlawful under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (DMCC Act), which replaced the prohibitions in the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). Your private right of redress — to unwind the contract within 90 days, obtain a discount, or claim damages, where a trader engaged in a misleading action or aggressive practice that caused your decision to purchase — still runs under Part 4A of the CPUTR 2008 (reg 27A–27L), because the DMCC Act's own redress provisions (ss.232–235) are not yet in force; Part 4A is kept alive by a transitional saving until new regulations are made under DMCC s.233. The Consumer Rights Act 2015 provides alternative remedies including the right to reject, repair, or replacement for goods that do not match their description.
Full Explanation
From 6 April 2025, the prohibitions on misleading actions, misleading omissions and aggressive commercial practices moved from the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR, SI 2008/1277) into Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (DMCC Act). Section 251 of the DMCC Act revokes CPUTR's prohibitions (Part 2 of the Regulations is now revoked in full); a commercial practice now involves a misleading action under DMCC section 226, a misleading omission under section 227, or an aggressive practice under section 228.
A misleading action occurs where a trader provides false or misleading information, or an overall presentation likely to deceive the average consumer, about a product, trader or other matter relevant to a transactional decision (DMCC s.226). A misleading omission occurs where a trader omits material information the average consumer needs to make an informed decision (DMCC s.227). An aggressive practice involves harassment, coercion or undue influence (DMCC s.228). Each requires a causal link — the practice must have caused you to take a transactional decision, such as entering into the purchase, that you would not otherwise have taken.
Your private right of redress — to unwind the contract, obtain a discount, or claim damages — is not yet delivered by the DMCC Act itself: sections 232–235 of the Act, which would create a new redress regime, are not in force. Instead, Part 4A of the CPUTR 2008 (regulations 27A–27L) is kept alive by a transitional saving in DMCC s.252(3)(a) and continues to apply until the government makes new regulations under DMCC s.233. Under Part 4A as it now applies, 'prohibited practice' means a misleading action (now defined by reference to DMCC s.226) or an aggressive practice (now defined by reference to DMCC s.228) — not a misleading omission. The right to unwind (cancel and receive a full refund) is available within 90 days of the transaction (reg 27E); after that, only a right to a discount (reg 27I) or damages (reg 27J) is available, and damages can cover consequential financial loss beyond the purchase price.
Alternatively, the Consumer Rights Act 2015 provides that goods must be as described (s.11), of satisfactory quality (s.9), and fit for purpose (s.10). Where goods do not match the description, the buyer has a right to reject within 30 days for a full refund, or to a repair or replacement up to 6 years from purchase.
For online purchases, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provide a 14-day cooling-off period during which you can cancel for any reason.
Legal Basis
- §Digital Markets, Competition and Consumers Act 2024, Part 4 Chapter 1, ss.225-228 — prohibition of unfair commercial practices, misleading actions and omissions, aggressive practices (in force from 6 April 2025, replacing the Consumer Protection from Unfair Trading Regulations 2008)
- §Consumer Protection from Unfair Trading Regulations 2008, Part 4A, regs 27A, 27E, 27I, 27J, 27K — private rights to unwind, discount, and damages (saved and continuing under DMCC Act s.252(3)(a) until regulations are made under DMCC s.233)
- §Consumer Rights Act 2015 ss.9–11 — goods must be of satisfactory quality, fit for purpose, and as described
- §Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 — 14-day cooling-off period for distance contracts
What To Do
Write to the Trader Citing CPUTR Part 4A and Request Unwind or Refund
Send a formal letter or email to the trader identifying the misleading statement, when it was made, and how it caused you to purchase. Invoke your right to unwind the contract under regulation 27E of Part 4A of the Consumer Protection from Unfair Trading Regulations 2008 (within 90 days) — this part of the 2008 Regulations remains in force pending new redress regulations under the Digital Markets, Competition and Consumers Act 2024 s.233 — or your right under the Consumer Rights Act 2015 to a refund for goods not as described. Give a 14-day deadline to respond.
Report to Trading Standards
Report the trader to the Citizens Advice consumer helpline (0808 223 1133), which passes serious cases to Trading Standards. Trading Standards have enforcement powers under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (which replaced the CPUTR 2008 from 6 April 2025) and can take action against traders who persistently mislead consumers.
Use Chargeback or Section 75 If Paid by Card
If you paid by credit card and the purchase was over £100, s.75 of the Consumer Credit Act 1974 makes the credit card company jointly liable for the trader's misrepresentation. Contact your card provider and make a s.75 claim. For debit card payments or credit card payments under £100, use the Visa/Mastercard chargeback scheme within 120 days of the transaction.
Issue a Small Claims Court Claim
If the trader refuses to refund and the amount is under £10,000, issue a claim in the County Court small claims track via Money Claim Online. You can claim the purchase price plus consequential losses caused by the misrepresentation.
Important Deadlines
Important Warnings
The 90-day right to unwind under Part 4A of the CPUTR 2008 (reg 27E) — still in force pending new redress regulations under DMCC Act s.233 — runs from the date you entered the contract — not from when you discovered the misrepresentation. Act promptly.
Trader terms and conditions cannot exclude or restrict your statutory rights under CPUTR or the Consumer Rights Act 2015 — any such exclusion is unenforceable (CRA 2015 s.31).
If the trader is based outside the UK, enforcement is significantly harder. Your best route may be chargeback or s.75 via your card provider.