Guide updated for Digital Markets, Competition and Consumers Act 2024 unfair trading provisions

Trading Standards consumer guidance covering England, Scotland and Wales has been updated to reflect the coming into force of Part 4, Chapter 1 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA), headed "Protection from unfair trading"¹. The change is described in the guidance as: "Changes made to reflect the coming into force of the Digital Markets, Competition and Consumers Act 2024 (Part 4, Chapter 1: 'Protection from unfair trading')"¹.

The same guidance states that the existing redress regime has not yet been switched over. The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) currently give consumers rights of redress where a trader has used a misleading action or an aggressive practice: "the right to unwind the contract, the right to a discount and the right to damages"¹. The guidance adds that "the CPRs' provisions on rights of redress will be replaced by similar ones in the Digital Markets, Competition and Consumers Act 2024 (DMCCA). However, the DMCCA's rights of redress provisions are not yet in force."¹

The guidance restates existing rights and time limits that sit alongside the DMCCA change. On goods, a consumer has 30 days from the day after supply to reject them for a full refund¹. On cancellations, there is a right to cancel most distance and off-premises contracts, with a 14-day cancellation period¹. Where a refund is owed for a service, the trader must pay it "without undue delay and, in any event, within 14 days from the time they agreed you were entitled to it", by the same means of payment used². Traders are banned from imposing surcharges on consumers for using certain payment methods under the Consumer Rights (Payment Surcharges) Regulations 2012¹.

On card and finance purchases, the guidance sets out the thresholds under the Consumer Credit Act 1974. Where a purchase cost more than £100 but less than £30,000 and was paid on credit card or on finance arranged by a trader, section 75 makes the finance or card provider "as responsible as the trader for a breach of contract or misrepresentation"¹. Where the cost exceeds £30,000 and is less than £60,260, and the finance was arranged specifically to buy the goods, service or digital content, a claim may be possible against the finance company under section 75A¹.

The guidance also notes that a trader cannot exclude or restrict legal rights, and that a strict "no refunds" policy may be considered an unfair commercial practice under the DMCCA². It states that there is no obligation on a trader or manufacturer to offer a guarantee, but that if one is offered it is legally binding, and that a warranty or extended warranty is a form of insurance policy covering unexpected failure or breakdown of goods¹. Under the Contracts (Rights of Third Parties) Act 1999, where a buyer makes clear that goods are intended as a gift, the recipient may be entitled to claim against the trader if the goods are faulty¹.

Why it matters for households

The update confirms that the unfair trading provisions of the DMCCA are in force, while the redress provisions that would replace the CPRs regime are not¹. For households, that means the routes to a remedy for misleading or aggressive selling remain those already in place: unwinding the contract, a discount, or damages¹. The practical rights most shoppers use, including the 30-day short-term right to reject faulty goods, the 14-day cancellation period for most distance and off-premises contracts, and the 14-day refund deadline for services, are unchanged in the guidance¹. The section 75 and section 75A thresholds for card and finance purchases are also unchanged, and the time limits for bringing a claim remain six years in England and Wales and five years in Scotland¹.

What happens next

The guidance states that the DMCCA's rights of redress provisions are not yet in force, and does not give a date for when they will be¹. No commencement date for those provisions has been reported in the guidance. Consumers can report complaints about unfair commercial practices to the Citizens Advice consumer service or Advice Direct Scotland for referral to Trading Standards². Complaints about a finance provider's response can go to the Financial Ombudsman Service, and the guidance points to chargeback where a debit card was used, or a credit card purchase was under £100¹.