DMCCA consumer protection provisions come into force

On 6 April 2025, Part 4 of the DMCCA came into force with the aim of simplifying and widening the scope of Unfair Commercial Practices (UCP) to ensure increased protection for consumers.

A commercial practice (broadly any behaviour relating to the promotion or supply of a product to a consumer) is unfair if it is a misleading action, omission, an aggressive practice, or a contravention of professional diligence which is likely to cause a consumer to take a transactional decision it would not otherwise have taken. Specific listed banned practices remain automatically unfair.

Contravention of professional diligence

Under previous law, a contravention of professional diligence was only considered to be unfair where it materially distorted (or was likely to materially distort) the behaviour of the average consumer in instances where a trader did not exercise special care and skill. An offence will now be made out where it is likely to cause a consumer to take a transactional decision it would not otherwise have taken, in instances where the trader does not exercise reasonable care.

Examples of failing to act in a professionally diligent manner could include ignoring complaints, emails and calls, as this could hinder consumers from securing redress in a timely manner, or carrying  out work which falls short of the expected standard of care and skill, which may require the consumer to pay for the work to be corrected by another trader.

Material Information and Drip Pricing

Omitting ‘material information’ from an invitation to purchase is now effectively a strict liability offence.  The CMA need not demonstrate any potential impact on consumer behaviour.  There is an extensive list of information regarded as material. This brings “drip pricing” within the scope of quasi-banned practices. Businesses will no longer be able to offer a “headline” price to consumers that does not incorporate any mandatory fees, or at least disclose that there are mandatory fees payable.

Fake Reviews

The DMCCA contains a new banned practice in relation to fake or misleading consumer reviews.  It will be unlawful for businesses to write or commission fake reviews or host reviews known to be false. These obligations are also proactive in nature – with an emphasis on businesses taking ‘reasonable and proportionate’ steps to prevent and remove misleading consumer reviews.

Time Limited Offers and Vulnerable Consumers

Under the DMCCA, the ban on time-limited practices has been widened to now capture those available for a “limited time”, as opposed to those for a very limited time. The CMA has taken recent enforcement action against Emma Sleep and Wowcher in relation to the use of (very) time-limited promotions such as urgency claims and countdown clocks.