Back
We continue to provide our legal services through the COVID-19 lockdown. Please visit our COVID-19 Hub for legal insights, or contact us directly.
Get in Touch Menu

Is your business ready for the Consumer Rights Act 2015?

25 November 2015

The Consumer Rights Act 2015 came into force on 1 October 2015. There are some key changes such as enhanced consumer remedies which may mean businesses have to adjust their trading practices in order to reduce the risk of incurring additional liability. One such remedy is the short-term right to reject which is limited to 30 days. The 30 day period can be extended by the trader, but cannot be reduced.

The 2015 Act uses the concept of non-conforming goods, services and digital content as the trigger for the remedies available to consumers. The specific non-conformity dictates which 2015 Act remedy applies. These remedies include, amongst others, rejection, refund, repeat performance and price reduction.

It introduces a new category of product – ‘digital content’. It sets out a hierarchy of remedies that will apply, such as a right to compensation where digital content provided under a consumer contract causes damages to a device or other digital content belonging to the consumer. There are also several terms which relate to the liability of a trader which cannot be excluded or restricted.

There are a number of practical steps that businesses can take in relation to the 2015 Act:

review standard consumer terms to make sure they comply with the 2015 Act, in particular the new fairness requirements and the new enhanced consumer remedies for non-conforming goods, digital content and services.

review the processes used to deal with non-conforming goods, digital content and services and, if necessary, amend them to factor in these new remedies. This process should include training to ensure that employees who deal with customers on a daily basis are aware of the new rules and handle consumer requests for repair, replacement, repeat performance and refunds appropriately.

review all company information given to consumers to make sure it is up-to-date, accurate and reliable.

For advice on how the 2015 Act affects your business, please contact our corporate & commercial team.

We're here to help

Contact
Sophie Martyn BSc (Hons)
Associate, solicitor
View profile
Sophie Martyn
Related services
Share this article
Resources to help

Related articles

EMI share options: a SME-friendly, tax-efficient weapon in the ‘war for talent’

Corporate

Attracting and retaining key talent isn’t easy for any business, but it is particularly challenging for smaller, higher-risk, growing companies. Without the financial resources to offer large salaries and extensive…

Chris Wills LLB (Hons)
Partner

Corporate & commercial issues: COVID-19 FAQ

Corporate

The global outbreak of coronavirus (COVID-19) and the government’s resulting emergency measures have had severe implications for many businesses. Read on for answers to some frequently-asked questions on corporate &…

Sophie Martyn BSc (Hons)
Associate, solicitor

Fixed price legal advice for SMEs & the Coronavirus Business Interruption Loan Scheme

Corporate

The Coronavirus Business Interruption Loan Scheme (CBILS) has thrown a much-needed lifeline to businesses experiencing cashflow difficulties as a result of the coronavirus outbreak. The eligibility criteria of CBILS was…

Chris Wills LLB (Hons)
Partner
Contact us