消费者保护法
消费者权利、产品安全、不公平贸易和CMA执行。
简介
消费者保护立法保护购买者免受缺陷产品和不公平商业行为的侵害。
核心原则
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.
关键法规
重要判例
Bernstein v Pamson Motors
[1987] 2 All ER 220
常见情景
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.