The Consumer Protection from Unfair Trading Regulations 2008

[F1 When does a consumer have a right to redress? U.K.

27A.— (1) A consumer has a right to redress under this Part if—

(a) the conditions in this regulation are met, and

(b) the conditions (if any) in the following provisions of this Part for the availability of that right are met.

(2) The first condition is that—

(a) the consumer enters into a contract with a trader for the sale or supply of a product by the trader (a “business to consumer contract”),

(b) the consumer enters into a contract with a trader for the sale of goods to the trader (a “consumer to business contract”), or

(c) the consumer makes a payment to a trader for the supply of a product (a “consumer payment”).

(3) Paragraph (2)(b) does not apply if, under the contract, the trader supplies or agrees to supply a product to the consumer as well as paying or agreeing to pay the consumer.

(4) The second condition is that—

(a) the trader engages in a prohibited practice in relation to the product, or

(b) in a case where a consumer enters into a business to consumer contract for goods or digital content—

(i) a producer engages in a prohibited practice in relation to the goods or digital content, and

(ii) when the contract is entered into, the trader is aware of the commercial practice that constitutes the prohibited practice or could reasonably be expected to be aware of it.

(5) In paragraph (4)(b) “producer” means—

(a) a manufacturer of the goods or digital content,

(b) an importer of the goods or digital content into the [F2 United Kingdom], or

(c) a person who purports to be a producer by placing the person’s name, trade mark or other distinctive sign on the goods or using it in connection with the digital content,

and includes a producer acting personally or through another person acting in the producer’s name or on the producer’s behalf.

(6) The third condition is that the prohibited practice is a significant factor in the consumer’s decision to enter into the contract or make the payment.]

Textual Amendments

F1 Pt. 4A inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 3

F2 Words in reg. 27A(5)(b) substituted (31.12.2020) by The Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1326), regs. 1(3), 6(2) (with reg. 11) (as amended by S.I. 2020/1347, regs. 1(3), 4(8)); 2020 c. 1, Sch. 5 para. 1(1)