Consumer protection: Unfair Trading Regulations 2008

Following consultation in May 2007, and the publication of draft regulations in March 2008, the Consumer Protection from Unfair Trading regulations 2008 (SI 2008/1277), known as the ‘Unfair Trading Regulations’, came into force on 26 May 2008 and were later amended by the Consumer Protection (Amendment) Regulations 2014 (SI 2014/870). The Regulations have significant importance in the marketing and selling of consumer goods and services.

The Unfair Trading Regulations apply to ‘business to consumer’ practices. They impose a general prohibition on traders in all sectors from engaging in unfair commercial practices with consumers. Specifically, they protect consumers from unfair or misleading trading practices and ban misleading omissions and aggressive sales tactics. There is an obligation to trade fairly and honestly with consumers. Consumers have rights of redress if they have been the victim of misleading actions or aggressive selling. Crucially, the Unfair Trading Regulations apply before, during and after a consumer contract is made.

This briefing paper provides an overview of the Regulations and their usefulness to consumers.