CMA publishes final updated unfair contract terms guidance (CMA37) after consultation

The Competition and Markets Authority (CMA) has updated its guidance on unfair contract terms (CMA37), publishing the responses to its consultation and the final outcome on 22 July 2026¹. The consultation on draft revised guidance ran from 11am on 22 January 2026 to 11:59pm on 19 March 2026 and has now concluded¹.

The CMA produced draft revised guidance and a draft technical note on the unfair contract terms provisions in Part 2 of the Consumer Rights Act 2015¹. It said the law on unfair contract terms has not changed since 2015, so businesses' obligations remain unchanged¹. The update was intended to make it easier for businesses to understand unfair contract terms law and help them to comply, and to reflect other relevant developments, including direct consumer enforcement powers for the CMA under the Digital Markets, Competition and Consumer (DMCC) Act 2024¹. Once finalised, the documents replace the current guidance on unfair contract terms (CMA37)¹.

The CMA published a summary of responses alongside the individual responses it received¹. Those responding included Amplified Global, which also submitted an intelligibility report, the Business Consumer Co-ordination Group, the British Retail Consortium, the Chartered Trading Standards Institute, Mitsubishi HC Capital UK, Shepherd and Wedderburn LLP, the Society of Motor Manufacturers and Traders, and Which?, as well as two individuals¹. The summary of responses runs to 44 pages¹.

Why it matters for households

The guidance concerns terms in consumer contracts, so it is relevant to anyone signing up to goods or services covered by the Consumer Rights Act 2015. The CMA states that the underlying law has not changed since 2015 and that businesses' obligations remain unchanged, so the update does not alter what a term must do to be enforceable¹. What changes is the CMA's own published explanation of that law, which now also reflects its direct consumer enforcement powers under the DMCC Act 2024¹. The CMA has not reported any change to the rights consumers hold under the 2015 Act, and no commencement date for the replacement guidance beyond its publication on 22 July 2026 has been reported¹.

What happens next

The consultation has concluded and the responses and final outcome have been published¹. The updated guidance replaces the current CMA37 document¹. No further steps have been reported.