Traders Beware – Consumer Protection – enhanced enforcement measures

If you are in business (a Trader),selling goods or providing services to consumers, then beware! The Consumer Rights Act 2015 will give law enforcers additional ways (enhanced measures) to address breaches of consumer law.

In addition to having power to bring criminal prosecutions and obtain civil injunctions (to stop further breaches) against offending Traders, the law enforcers (local authority trading standards officers) will have further measures in hand, namely , where it is just, reasonable and proportionate to do so they will be able to:

Order offending Traders:

to reimburse customers for any financial loss they have suffered as a result of the breach.
to pay an appropriate sum to a consumer charity.
to advertise their breach in the press, on their websites, and in their stores.
to overhaul its internal practices to prevent any possible repetition of the breach e.g. appointing a compliance officer, updating internal processes, giving training to staff.
The law enforcers will also be able to publicise the offending Trader’s breach on Trading Standards’ website.

BIS (Department for Business, Innovation & Skills) has published a guidance with useful case studies to help the law enforcers which is makes important reading for Traders: BIS Guidance

The government intends to bring these measures into force on 1 October 2015.


Links