Consumer Protection from Unfair Trading Regulations 2008
What this means for your business
- Enforced by
- CMA, Trading Standards
- Applies to
- United Kingdom
- On this page
- 7 compliance obligations, 2 practical guides
What you must do
7 compliance obligations under this legislation — 4 can result in imprisonment.
Payments and fees 1
Refund payments not due to consumers
If a consumer has paid for a product that they were not required to pay for ā either the whole amount or part of it ā they can cancel the transaction and you must give the money back. Your business must be prepared to return the full amount the consumer paid, or the portion of the payment that was not required.
Offences and prohibitions 6
Cause another person to commit a consumer unfairātrading offence
Unlimited fineIf someone else breaches the Consumer Protection from Unfair Trading Regulations because of something you did or failed to do, you can be prosecuted as well. This creates personal liability even when you are not the direct trader, so any default that leads to an unfairātrading breach can result in a criminal offence for you.
Commit an unfair commercial practice
2 years imprisonmentIf your business carries out a commercial practice that is deemed unfair under the Consumer Protection from Unfair Trading RegulationsāÆ2008 ā for example misleading advertising, deceptive pricing or aggressive sales tactics ā you commit a criminal offence. On conviction you could be ordered to pay an unlimited fine and/or be sent to prison for up to two years. The case can be tried either in the Magistratesā Court or the Crown Court.
Company liable for consumerāunfairātrading offence
2 years imprisonmentIf your business (as a legal entity) carries out an unfair trading practice that breaches the Consumer Protection from Unfair Trading Regulations 2008, the company itself can be prosecuted. On conviction the company faces an unlimited fine and, for the individuals responsible, up to two yearsā imprisonment. The case can be tried either in a Magistratesā Court or the Crown Court.
Engage in prohibited unfair commercial practice
2 years imprisonmentIf your business uses a commercial practice that is prohibited under the Consumer Protection from Unfair Trading Regulationsāsuch as misleading actions or omissions that deceive consumersāyou may be committing a criminal offence. Conviction can lead to a fine and/or imprisonment, depending on the seriousness of the breach.
Engage in unfair commercial practice
2 years imprisonmentIf your business uses misleading, deceptive or aggressive practices that are prohibited by the Consumer Protection from Unfair Trading Regulations 2008, you commit a criminal offence. A conviction can result in a fine (which may be unlimited) and/or up to two yearsā imprisonment.
Fail to comply with unfair trading regulations
Unlimited fineIf your business carries out a commercial practice that is misleading, aggressive, or otherwise unfair ā for example, making false claims about a product, omitting key information, or using hardāselling tactics ā you breach the Consumer Protection from Unfair Trading Regulations 2008 and commit a criminal offence. On conviction you can be fined up to the maximum levelā5 standardāscale amount (effectively unlimited), whether the case is dealt with in a magistratesā court or the Crown Court.
Penalties for non-compliance
6 penalties under this legislation. 4 can result in imprisonment. 6 carry an unlimited fine.
Commit an unfair commercial practice
Unlimited fine and/or 2 years imprisonment
Company liable for consumerāunfairātrading offence
Unlimited fine and/or 2 years imprisonment
Engage in prohibited unfair commercial practice
Unlimited fine and/or 2 years imprisonment
Engage in unfair commercial practice
Unlimited fine and/or 2 years imprisonment
Cause another person to commit a consumer unfairātrading offence
Unlimited fine
Fail to comply with unfair trading regulations
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Comply with Trading Standards and Consumer Rights
Your legal obligations under the Consumer Rights Act 2015, Consumer Contracts Regulations, and trading standards law. Covers goods, services, digital ā¦
Avoid unfair trading practices
Your legal obligations to trade fairly with consumers. Covers prohibited misleading actions and omissions, aggressive commercial practices, and the 31 ā¦
Sections and provisions
42 classified provisions from this legislation.
Duties 1
Offences and penalties 8
- s.8 Offences relating to unfair commercial practices
- s.9 Offences relating to unfair commercial practices
- s.10 Offences relating to unfair commercial practices
- s.11 Offences relating to unfair commercial practices
- s.12 Offences relating to unfair commercial practices
- s.13 Penalty for offences
- s.15 Offences committed by bodies of persons
- s.16 Offence due to the default of another person
Powers 3
Definitions 4
- How does this Part relate to the existing law? How does this Part relate to the existing law?
- What does āprohibited practiceā mean in this Part? What does āprohibited practiceā mean in this Part?
- What immoveable property is covered by this Part? What immoveable property is covered by this Part?
- When does the right to unwind apply to a business When does the right to unwind apply to a business to consumer contract?
Exemptions 4
- How does the right to a discount work? How does the right to a discount work?
- How does the right to unwind work in the case of a How does the right to unwind work in the case of a consumer to business contract?
- What financial services are covered by this Part? What financial services are covered by this Part?
- When does a consumer have a right to redress? When does a consumer have a right to redress?