Legislation – Digital Markets, Competition and Consumers Act 2024

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Part 4Consumer rights and disputes

Chapter 1Protection from unfair trading

Consumers’ rights of redress relating to unfair commercial practices

232Rights of redress

(1)

A consumer has rights of redress under this Chapter if each of the following four conditions is met.

(2)

The first condition is that—

(a)

the consumer enters into a contract with a trader under which the trader supplies a product to the consumer (a “business-to-consumer contract”),

(b)

the consumer enters into a contract with a trader under which—

(i)

the consumer supplies a product to the trader, and

(ii)

the trader does not supply a product to the consumer (a “consumer-to-business contract”), or

(c)

the consumer makes a payment to the trader for the supply of a product (a “consumer payment”).

(3)

The second condition is that—

(a)

the trader engages in a prohibited practice in relation to the product, or

(b)

in a case where a consumer enters into a business-to-consumer contract for goods or digital content—

(i)

a producer engages in a prohibited practice in relation to the goods or digital content, and

(ii)

when the contract is entered into, the trader is aware of the commercial practice that constitutes the prohibited practice or could reasonably be expected to be aware of it.

(4)

The third condition is that the prohibited practice is a significant factor in the consumer’s decision—

(a)

to enter into the contract mentioned in subsection (2)(a) or (b), or

(b)

to make the payment mentioned in subsection (2)(c).

(5)

The fourth condition is that the product concerned is not a product excluded from the application of rights of redress by regulations under section 233.

(6)

In subsection (3), “producer” means—

(a)

a manufacturer of the goods or digital content,

(b)

an importer of the goods or digital content into the United Kingdom, or

(c)

a person purporting to be such a manufacturer or importer by placing the person’s name, trade mark or other distinctive sign on the goods or by using it in connection with the digital content,

and includes a producer acting personally or through another person acting in the producer’s name or on the producer’s behalf.

(7)

In this Chapter, “prohibited practice” means an unfair commercial practice involving—

(a)

a misleading action, or

(b)

an aggressive practice.

(8)

For the purposes of subsection (7), section 225(4)(a) applies as if the reference to a transactional decision were a reference to any decision taken by a consumer to—

(a)

enter into a business-to-consumer contract,

(b)

enter into a consumer-to-business contract, or

(c)

make a consumer payment.