Part 4

Consumer rights and disputes
Chapter 1

Protection from unfair trading

Interpretation

Meaning of “average consumer”: general
246
1
This section provides for how references to the average consumer are to be read for the purposes of this Chapter.
2
The average consumer is—
a
reasonably well informed,
b
reasonably observant, and
c
reasonably circumspect.
3
The average consumer is to be treated as not knowing information in relation to a commercial practice where such information has been concealed by the trader (even if the average consumer might know the information from another source).
4
Where a commercial practice is directed at a particular group, the average consumer is an average member of that group (and the attributes of the average consumer in subsection (2) are to be read accordingly).
5
This section is subject to section 247.
S. 246 not in force at Royal Assent, see s. 339(1)
S. 246 in force at 6.4.2025 by S.I. 2025/272, reg. 2(1)(3)