Consumer Rights
Members of AP Berkeley offer comprehensive advice and representation on consumer rights issues, encompassing various concerns related to the purchase of goods and services by consumers. This includes both generic products and bespoke products accompanied by services. Examples of consumer rights matters include contracts for purchasing a computer, bespoke home renovations, and agreements for letting agent services.
Consumer rights are regulated by the Consumer Rights Act 2015, which largely consolidates prior legislation such as the Unfair Contract Terms Act 1977, the Sale of Goods Act 1979, and the Supply of Goods and Services Act 1982. The Act provides clarity and certainty for both consumers and traders.
Consumer protection regulation extends beyond the Consumer Rights Act and includes:
– Rights of civil redress for unfair commercial practices, such as misleading advertising or aggressive selling, under the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008.
– Requirements for providing consumers with specified pre-contract information and related cancellation rights under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013.
– Removal of barriers to accessing services across the European Economic Area under the Provision of Services Regulations 2009.
– Obligations under the Package Travel, Package Holidays, and Package Tours Regulations 1992.
– Product safety issues under the Consumer Protection Act 1987.
– Matters related to the collection and use of personal information under the oversight of the Information Commissioner’s Office.
– Consumer credit legislation.
In addition to advising on relations between traders and consumers, our members can provide guidance on regulatory matters such as criminal enforcement of various aspects of the consumer protection regime. Our barristers aim to provide effective assistance to clients navigating the complexities of consumer rights law, ensuring their rights are protected and upheld.