Guidance updated for DMCCA unfair trading provisions

Trading standards consumer guidance pages covering England, Scotland and Wales have been updated to reflect the coming into force of Part 4, Chapter 1 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA), the chapter headed "Protection from unfair trading"¹. The Anglesey page carries a review date of June 2025¹; the Trading Standards Wales page carries a review date of October 2025².

The change concerns the rights of redress that sit alongside the Consumer Protection from Unfair Trading Regulations 2008 (CPRs). Both pages state that the CPRs' provisions on rights of redress will be replaced by similar ones in the DMCCA, and that the DMCCA's rights of redress provisions are not yet in force¹. The CPRs rights are described as the right to unwind the contract, the right to a discount and the right to damages, available where a trader has engaged in an unfair commercial practice involving a misleading action or an aggressive practice¹.

The two pages cover different nations. The Anglesey guidance states it is for England, Scotland and Wales¹; the Trading Standards Wales guidance states it is for England and Wales². Neither page sets out a commencement date for the DMCCA's rights of redress provisions, and no date for those provisions coming into force is given in either¹.

The Anglesey page also sets out existing card payment protections. Under the Consumer Credit Act 1974, a credit card payment for bogus goods or services costing more than £100 and less than £30,000 is covered by section 75, which makes the card provider as responsible as the trader for a breach of contract or a misrepresentation; this does not apply to charge cards or debit cards¹. For debit card purchases, or credit card purchases under £100, the page points to the chargeback scheme, under which a card provider can attempt to recover a payment from the trader's bank¹. Where a continuous payment authority is in place, the page states a bank or card provider must cancel it on instruction, and that unauthorised payments must be reported as soon as possible or within 13 months of the date the unauthorised payment was made¹.

On evidence, the Trading Standards Wales page sets out the position under the Consumer Rights Act 2015. A short-term right to reject for a refund applies within 30 days². Where a different remedy such as repair or replacement is chosen and a fault is discovered within six months of receiving the goods, it is assumed the fault was there when the goods were bought, with the trader left to prove otherwise; after six months the burden switches back to the consumer². The same six-month assumption applies to faulty digital content². The limit on claims in the small claims track of the County Court is £10,000².

Why it matters for households

The practical effect of the update is presentational rather than immediate: the pages now describe the DMCCA unfair trading framework as the successor to the CPRs redress regime, while confirming that the redress provisions themselves are not yet in force¹. Consumers relying on the right to unwind a contract, the right to a discount or the right to damages are therefore still working from the CPRs position as described¹.

The card payment routes described are unchanged by the update. Section 75 covers credit card purchases between £100 and £30,000, and does not extend to charge cards or debit cards¹. Chargeback is described as a scheme operated by card providers rather than a statutory right, with the page advising consumers to check scheme rules, whether internet transactions are covered and the time limit with their provider¹. The 13-month reporting window applies to unauthorised payments under a continuous payment authority¹.

The evidence rules affect anyone in dispute with a trader over goods, services or digital content. Within the first six months the trader carries the burden of showing a fault was not present at supply; after that the consumer does². The £10,000 small claims limit applies to the value that can be claimed in that track².

What happens next

Neither page gives a date for the DMCCA's rights of redress provisions coming into force, and no commencement date has been reported in the guidance reviewed¹. The Anglesey page notes that the 2022 £400 energy grant and Council Tax rebates are no longer running, and that future government schemes may be set up¹.

Consumers in England, Scotland and Wales can contact the Citizens Advice consumer service on 0808 223 1133, or 0808 223 1144 for a Welsh-speaking adviser; in Scotland, Advice Direct Scotland can be contacted on 0808 164 6000¹. Scam mail can be reported to Royal Mail by email at scam.mail@royalmail.com or by telephoning 0800 011 3466, a message service only¹. The Telephone Preference Service can be joined on 0345 070 0707 or online¹.

For how consumer representation works across these bodies, see the regulation and policy hub and who speaks for consumers.