Guide

Avoid unfair trading practices in retail

Understand unfair trading rules under the Digital Markets, Competition and Consumers Act 2024 (which replaced the CPRs 2008 from 6 April 2025). Covers misleading actions, omissions, aggressive practices, the 31 banned commercial practices, and new CMA enforcement powers.

Retail & Consumer Goods UK-wide

From 6 April 2025, the unfair trading rules formerly in the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) are now in the Digital Markets, Competition and Consumers Act 2024 (DMCCA). The CPRs 2008 were revoked and their provisions re-enacted in Part 4, Chapter 1 of the DMCCA. The substantive prohibitions (misleading actions, misleading omissions, aggressive practices, and the 31 banned practices) remain largely the same, but the enforcement regime has fundamentally changed.

The Competition and Markets Authority (CMA) now has direct enforcement powers, meaning it can investigate, make infringement findings, and impose penalties of up to 10% of worldwide turnover without going to court. Every retailer needs to understand these rules.

How enforcement has changed under the DMCC Act 2024

Before the DMCC Act, the CMA had to apply to court for enforcement orders when businesses breached consumer protection law. This was slow and expensive. The DMCC Act fundamentally changes this by giving the CMA administrative enforcement powers. The CMA can now investigate, make infringement findings, and impose penalties directly.

This matters for retailers of all sizes. The CMA has indicated it will use these powers to tackle widespread unfair practices in the retail sector, including misleading online reviews, drip pricing, and pressure selling.

The due diligence defence

If you are prosecuted under the CPRs, you may have a defence if you can demonstrate that the offence was due to a mistake, reliance on information supplied by another person, the act or default of another person, an accident, or another cause beyond your control, and that you took all reasonable precautions and exercised all due diligence to avoid committing the offence.

In practice, this means you need documented evidence of your compliance efforts. A verbal policy is not sufficient. You need written procedures, training records, and audit trails.

Practical audit for your marketing and sales practices

Review these areas regularly to reduce your enforcement risk:

  • Advertising claims: Can you substantiate every factual claim in your advertising? Remove any claim you cannot prove.
  • Price promotions: Was the higher 'was' price genuinely charged for a reasonable period? Do not inflate reference prices to make discounts appear larger.
  • Product descriptions: Are descriptions accurate across all channels (in-store, website, marketplace listings)?
  • Sales scripts: Do staff use high-pressure tactics, create false urgency, or make misleading comparisons? Review and update training.
  • Online reviews: Are you publishing fake reviews, selectively hiding negative reviews, or paying for reviews without disclosure?
  • Post-sale practices: Are you making it unreasonably difficult for customers to exercise their rights (returns, cancellations, complaints)?

What to do if you receive an enforcement notice

If Trading Standards or the CMA contacts you about a potential breach:

  • Do not ignore it. Failing to respond or cooperate is itself an offence under the DMCC Act.
  • Seek legal advice promptly. The penalties are significant and the CMA can act quickly under its new powers.
  • Gather your compliance records. Training logs, marketing approval processes, and audit reports support a due diligence defence.
  • Consider undertakings. The CMA may accept binding commitments to change your conduct, which can be less costly than contested enforcement.

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