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บทนำ
Consumer protection law in England & Wales safeguards buyers of goods, services, and digital content. The Consumer Rights Act 2015 consolidated previous legislation, providing clear rights to quality, fitness, and description. The Consumer Protection from Unfair Trading Regulations 2008 prohibit misleading and aggressive commercial practices. The Competition and Markets Authority (CMA) and local Trading Standards enforce consumer law.
In Brief
Under the Consumer Rights Act 2015, goods must be of satisfactory quality, fit for purpose, and as described. You have a 30-day short-term right to reject faulty goods for a full refund. After that window closes, the retailer is entitled to one attempt at repair or replacement before you can demand a refund. For online purchases, you also have a separate 14-day cooling-off period.
หลักการพื้นฐาน
Statutory Rights — Goods must be of satisfactory quality, fit for purpose, and as described (CRA 2015, ss.9–11). Services must be performed with reasonable care and skill (s.49).
Right to Reject — Consumers have a short-term right to reject faulty goods within 30 days for a full refund (CRA 2015, s.22).
Unfair Trading — The Consumer Protection from Unfair Trading Regulations 2008 prohibit misleading actions, misleading omissions, and aggressive commercial practices.
Product Liability — Under the Consumer Protection Act 1987, manufacturers are strictly liable for damage caused by defective products without the need to prove negligence.
Unfair Contract Terms — Terms in consumer contracts are not binding if they are unfair (CRA 2015, Part 2). The 'grey list' in Schedule 2 identifies terms likely to be unfair.
Distance Selling — The Consumer Contracts Regulations 2013 give consumers a 14-day cooling-off period for online, phone, and mail-order purchases.
Consumer Credit — The Consumer Credit Act 1974 regulates credit agreements, requiring proper documentation and giving consumers cancellation rights. Section 75 provides joint liability of credit card companies for breaches by suppliers.
Enforcement — The CMA, Trading Standards, and sector regulators (FCA, Ofcom, Ofgem) enforce consumer protection law.
กฎหมายสำคัญ
คดีชี้นำ
Bernstein v Pamson Motors
[1987] 2 All ER 220
สถานการณ์ทั่วไป
Faulty product causes injury
Under the Consumer Protection Act 1987, the manufacturer is strictly liable for damage caused by a defective product. No need to prove negligence. The claimant must show the product was defective and caused the damage.
Online purchase doesn't match description
Under the Consumer Rights Act 2015, goods must match their description. For online purchases, the Consumer Contracts Regulations 2013 also give a 14-day cooling-off period to return goods for any reason.
Aggressive sales tactics at the door
Under the Consumer Protection from Unfair Trading Regulations 2008, aggressive commercial practices (pressure selling, harassment, coercion) are prohibited. Affected consumers can seek redress including damages and the right to unwind the contract.
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Frequently Asked Questions
How long do I have to return faulty goods?
Under the Consumer Rights Act 2015, you have 30 days for a full refund on faulty goods. After 30 days but within 6 months, the retailer must attempt a repair or replacement first.
Can I get a refund if I change my mind?
For in-store purchases, there is no automatic legal right to a refund for change of mind (though many retailers offer this as policy). For online/distance purchases, you have a 14-day cooling-off period.
What is a Section 75 claim and when can I use it?
Under section 75 of the Consumer Credit Act 1974, your credit card company is jointly and severally liable with the retailer for breach of contract or misrepresentation, provided the cash price of the item was between £100 and £30,000 and you paid at least some of it on the credit card. This is hugely useful for failed retailers, faulty goods that the retailer won't refund, or services not delivered. For debit-card or smaller purchases, the voluntary chargeback scheme run by Visa/Mastercard may apply instead.
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