TRW & Co · Competition, Regulatory & Investigations
Consumer Law Solicitors in London
Consumer law solicitors in London help businesses price, advertise and contract with consumers lawfully. Since 6 April 2025 the DMCC Act has let the CMA decide consumer law breaches itself and impose fines of up to 10% of global turnover, and its first fines show that pricing, reviews and website design are now enforcement priorities.
Key pointThe CMA's first substantive DMCC fine was for drip pricing a mandatory booking fee, and it had already fined a business simply for failing to answer an information notice. Checkout design and notice handling are now board-level risks.
At a glance
Direct CMA fines
Since 6 April 2025 the CMA can decide consumer law breaches and fine businesses up to 10% of global turnover, and individuals up to £300,000.
Banned practices list
Schedule 20 to the DMCC Act lists practices that are always unfair, including fake reviews, concealed incentivised reviews and misleading publication of reviews.
First fine in 2026
In April 2026 the CMA fined the AA and BSM £4.2 million for drip pricing of a booking fee and required redress to consumers.
Subscriptions delayed
The DMCC subscription contracts regime is not yet in force; the government says it will not take effect before spring 2027.
Appeals to the court
A business can appeal a CMA final infringement notice to the High Court, or the Court of Session in Scotland, within 60 days.
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What consumer law covers in the UK
Consumer law governs how businesses sell to individuals: what they must tell customers, how they price and advertise, which contract terms are enforceable, what quality customers are entitled to and how cancellations and refunds work. Businesses instruct consumer law solicitors in London when they launch a product or website, change pricing or subscriptions, receive a regulator's letter or face a wave of complaints.
The subject changed fundamentally on 6 April 2025. From that date, the Digital Markets, Competition and Consumers Act 2024 (DMCC Act) replaced the old unfair trading regulations with a new statutory regime and gave the Competition and Markets Authority (CMA) power to decide breaches and impose fines itself, without going to court. Consumer law is no longer a matter of complaint handling; it carries penalties comparable to competition law.
The rules apply to every business-to-consumer trader, from global platforms to small online shops, and to businesses based outside the UK that sell to UK consumers. Consumer law solicitors in London therefore advise retailers, marketplaces, app developers, travel and ticketing businesses, education providers, subscription services and brands selling direct to consumers.
The legal framework
Four bodies of law do most of the work:
- Consumer Rights Act 2015. Part 1 sets statutory rights for goods, digital content and services, including satisfactory quality, fitness for purpose and services performed with reasonable care and skill, together with remedies such as repair, replacement, price reduction and the short-term right to reject. Part 2 controls unfair terms and notices; section 62 sets the fairness test and section 64 exempts the main subject matter and price only if those terms are transparent and prominent.
- Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These require pre-contract information and give a cancellation right for most distance and off-premises contracts, along with rules on additional payments and pre-ticked boxes.
- Digital Markets, Competition and Consumers Act 2024, Part 4. Section 225 prohibits unfair commercial practices. Sections 226 to 230 cover misleading actions, misleading omissions, aggressive practices, breaches of professional diligence and omission of material information from an invitation to purchase. Schedule 20 lists practices that are unfair in all circumstances. Section 237 creates criminal offences.
- DMCC Act, Part 3. This contains the enforcement regime: court-based enforcement by Trading Standards and other enforcers, and the CMA's direct enforcement powers.
Product safety sits alongside these rules, with the Product Regulation and Metrology Act 2025 giving the government powers to update the product safety framework. Sector rules also apply: the FCA's Consumer Duty for financial services, Ofcom and Ofgem rules for communications and energy, and the advertising codes enforced by the Advertising Standards Authority.
Scotland and Northern Ireland
The DMCC Act and the Consumer Rights Act apply across the UK, but enforcement bodies and courts differ. Appeals against CMA penalty notices go to the High Court in England and Wales or Northern Ireland, and to the Outer House of the Court of Session in Scotland.
When to involve consumer law solicitors in London
The cheapest time to take advice is before launch. A product, pricing model or checkout flow is far easier to adjust at design stage than after the CMA or Trading Standards has asked questions, when changes may be read as an admission and redress may be owed for past sales. Consumer law solicitors in London are most useful when they sit with product and marketing teams early, test assumptions against the statutory language and the regulator's published guidance, and leave a written record of the reasoning.
The second trigger is change. New fees, a switch to subscriptions, a new review provider, a loyalty scheme or an expansion into the UK from another market all alter the risk profile. So does growth: practices that went unnoticed in a small business attract attention once complaints, social media coverage or market sweeps reach a certain scale.
The third trigger is contact from a regulator, a consumer body or a claimant firm. At that point timing matters, because deadlines in statutory notices are short and early answers shape the rest of the case.
The CMA's direct enforcement powers
The CMA can now investigate suspected infringements, issue a provisional infringement notice, hear representations and then issue a final infringement notice that imposes a fine and directs "enhanced consumer measures", such as refunds or compensation. Fines for substantive breaches can reach 10% of global turnover for businesses and £300,000 for individuals. Lower caps, with daily penalties, apply to procedural failures such as not responding to an information notice.
The first year shows how the powers are being used. In December 2025 the CMA fined Euro Car Parks for failing to respond to a formal information notice. In April 2026 it imposed a £4.2 million fine on the AA and BSM driving schools for drip pricing of a mandatory booking fee and required consumer redress, after settlement and cooperation discounts. The CMA has also opened investigations into fake reviews, online sales countdowns, default add-ons and early cancellation fees, and sent large numbers of advisory letters to businesses after market sweeps.
| Area | Main legal source | Enforcer | Consequence |
|---|---|---|---|
| Unfair commercial practices | DMCC Act Part 4, Chapter 1 and Schedule 20 | CMA directly; Trading Standards through the courts | Fines up to 10% of global turnover, redress, criminal offences |
| Unfair contract terms | Consumer Rights Act 2015, Part 2 | CMA, Trading Standards, sector regulators | Term not binding on the consumer; enforcement action and fines |
| Statutory rights in goods, services and digital content | Consumer Rights Act 2015, Part 1 | Consumers through courts and ADR; enforcers for systemic issues | Repair, replacement, refunds and price reduction |
| Pre-contract information and cancellation | Consumer Contracts Regulations 2013 | CMA and Trading Standards | Extended cancellation periods and enforcement |
| Subscription contracts | DMCC Act Part 4, Chapter 2 (not yet in force) | CMA and Trading Standards | New information, reminder, cooling-off and exit duties |
Consumer law solicitors in London who advise on CMA investigations will treat the early stages, especially information notices, with the same care as a competition investigation. Our guide to DMCC Act enforcement explains the procedure in more detail.
Key risk areas for businesses
Pricing and drip pricing
The headline price must include all mandatory fees and charges that can reasonably be calculated. Section 230 treats the total price as material information in an invitation to purchase, so adding unavoidable booking, admin or service fees later in the purchase journey is an unfair omission. That was the subject of the CMA's first substantive fine. Optional extras should be genuinely optional and not pre-selected.
Consumer reviews
Schedule 20 bans submitting or commissioning fake reviews, concealing incentivised reviews and publishing reviews in a misleading way. It also requires traders that publish reviews to take reasonable and proportionate steps to prevent and remove fake or misleading ones. The CMA's unfair commercial practices guidance (CMA207) explains what those steps should look like. Our article on fake reviews and drip pricing covers both areas.
Online choice architecture
Countdown timers, "only two left" messages, default selections and confusing cancellation flows can be misleading or aggressive if they do not reflect reality or unduly pressure consumers. These design choices are now a CMA enforcement priority.
Contract terms
Terms that allow a trader to change price or service unilaterally, impose large cancellation charges or exclude statutory rights are vulnerable under Part 2 of the Consumer Rights Act. Our guide to business terms and conditions explains how to draft them.
Since April 2025 the CMA can act as investigator and decision-maker on consumer law, so the first information notice deserves the same attention as a dawn raid.
Subscription contracts: the regime still to come
Chapter 2 of Part 4 of the DMCC Act will create a new regime for subscription contracts. Traders will need to give key pre-contract information, send reminder notices before certain renewals, offer cooling-off periods at the start and after certain renewals, and make it straightforward to end a subscription.
The regime is not yet in force. The government has said it will not take effect before spring 2027 and that it will make secondary legislation and publish guidance first. Its consultation response confirmed that refunds for initial cooling-off will be aligned with the 2013 Regulations and that charitable cultural and heritage memberships will be excluded.
Businesses should use the time to map their subscription journeys, renewal flows and cancellation routes. Read our subscription contracts guide for detail. Consumer law solicitors in London can review flows now, so that changes are designed once rather than retrofitted.
Responding to a CMA consumer investigation
An investigation can move quickly, particularly where a business chooses to settle. The steps below set out the usual path.
- Information notice or enquiry. The CMA may send a formal information notice before opening a case. Diarise the deadline, preserve documents and take advice at once.
- Internal review. Assess the practice in question, collect data on how many consumers were affected and consider stopping or changing the practice.
- Case opening. The CMA publishes a case page and engages with the business on its concerns.
- Provisional infringement notice. If the CMA believes there is an infringement, it issues a provisional notice setting out its findings and the proposed penalty and directions.
- Representations or settlement. The business responds in writing and may negotiate settlement, which can reduce the penalty, or offer undertakings.
- Final infringement notice. The CMA issues a final notice, which can include a fine and enhanced consumer measures such as refunds.
- Appeal. The business can appeal to the High Court (or the Court of Session in Scotland) within 60 days. Payment of the penalty is suspended pending the appeal.
Set up a process to route any statutory notice from the CMA or Trading Standards straight to legal. The CMA has already fined a business for failing to respond to an information notice, before any finding on the underlying practice.
Documents and evidence to prepare
Whether you are preparing for launch or responding to an investigation, consumer law solicitors in London will usually ask for:
- Screenshots or recordings of each step of the customer journey on web and app, including mobile layouts.
- Pricing data, fee structures and any A/B testing results for prices, banners or urgency messages.
- Consumer terms and conditions, privacy notices, subscription terms and cancellation policies, with version history.
- Review collection and moderation policies, and records of removed reviews.
- Complaint logs, refund data and ADR or chargeback statistics.
- Marketing briefs, campaign approvals and internal communications about pricing or conversion strategy.
Internal documents about conversion and revenue can be powerful evidence. Write them on the assumption that a regulator may read them.
Common mistakes
Treating consumer compliance as a marketing issue
Many businesses leave pricing displays, banners and checkout flows to marketing and product teams with little legal input. Under the DMCC Act, those design choices can lead to fines of up to 10% of global turnover. Legal review should be built into product development, with clear sign-off for any change to pricing, urgency messaging, defaults or cancellation. A short approval checklist used consistently is more effective than an occasional audit.
Relying on old CPR-based guidance
The Consumer Protection from Unfair Trading Regulations 2008 were replaced on 6 April 2025. The core concepts are similar, but the new regime adds banned practices, including fake review rules, and a direct CMA fining power. Policies, training and template copy written for the old regime should be checked against the DMCC Act and the CMA's current guidance, rather than assumed to be compliant.
Assuming small businesses are out of scope
The rules apply to all traders. While the CMA has focused its direct enforcement on cases with broad impact, Trading Standards services enforce the same rules locally and through the courts, and consumers can bring private claims. Smaller businesses and start-ups that sell online are often most exposed because their checkout and review processes have grown quickly without legal review.
Hiding the price in the terms
Price and main subject matter terms are exempt from the fairness test only if they are transparent and prominent. Price changes, automatic renewals and cancellation fees buried in long terms may be assessed for fairness and found not binding. They can also amount to misleading omissions under the DMCC Act. Key terms should be brought to the consumer's attention before purchase in plain language.
Ignoring overlaps with data, credit and advertising rules
Consumer journeys often involve personal data, credit or buy-now-pay-later products and advertising claims. Each brings its own regulator and rules. A compliant checkout under consumer law may still breach data protection law or financial promotion rules. Coordinate advice across data protection, consumer credit and advertising teams.
Private claims and redress
Regulatory action is not the only exposure. Under the DMCC Act, consumers have rights of redress for certain prohibited practices, including in some cases the right to unwind a contract or obtain a discount, and they retain their statutory rights under the Consumer Rights Act for faulty goods, digital content and services. Complaints can also go to accredited alternative dispute resolution schemes and, where a business has issued card payments, through chargeback processes.
Where the same practice affects large numbers of consumers, claimant firms may look at group or representative actions. Remediation designed early, with a clear methodology for identifying affected customers and calculating refunds, can reduce both regulatory penalties and private claims. It is also something the CMA takes into account when deciding penalties and settlement terms.
Selling into the UK from abroad
TRW & Co advises businesses from Bangladesh, the Gulf, Singapore, China and the EU that sell to UK consumers online. UK consumer law can apply to an overseas trader that targets UK customers, and the CMA can pursue businesses based outside the UK.
- EU businesses. UK and EU rules diverged after Brexit. The DMCC Act banned practices and subscription rules do not mirror EU law exactly, so a single EU-compliant checkout may not satisfy UK law.
- Bangladeshi exporters and brands. Garment and consumer brands selling direct to UK customers must meet UK labelling, product safety and returns rules. Our Bangladesh supply chain page covers the wider supply chain issues.
- Gulf and Asian platforms. Marketplaces and apps should review pricing displays, reviews and cancellation flows for the UK market before launch.
How TRW & Co helps
TRW & Co's London office is authorised and regulated by the Solicitors Regulation Authority. We advise on consumer law compliance, regulatory engagement and disputes, working with our competition law team on CMA matters. Where advocacy in the higher courts is required, we instruct specialist counsel.
Customer journey reviews
We review websites, apps and checkout flows against the DMCC Act, the Consumer Rights Act and the 2013 Regulations, and give practical changes rather than abstract risk ratings.
Terms and policies
We draft and update consumer terms, subscription terms, returns policies and review policies, so they are fair, transparent and consistent with how the business actually operates.
Regulatory investigations
We help businesses respond to CMA and Trading Standards information notices, provisional notices and settlement discussions, including remediation and redress planning.
Training and governance
We train product, marketing and customer service teams and design approval processes, so consumer law risks are identified before launch.
Consumer law solicitors in London should also be able to anticipate disputes. Where complaints scale up, we work with our group litigation team. Browse our full range of services on our practices page.
Checklist for decision-makers
- Check headline prices include all unavoidable fees.
- Audit urgency messages, countdown timers and default selections for accuracy.
- Review how consumer reviews are collected, moderated and displayed.
- Test consumer terms for transparency and fairness, especially price change and cancellation clauses.
- Confirm pre-contract information and cancellation rights for online sales.
- Map subscription journeys against the coming regime.
- Set up a route for regulator notices to reach legal immediately.
- Train teams on the DMCC Act banned practices.
To discuss a review or an investigation, contact our London office at Holborn Gate, 330 High Holborn, London WC1V 7QH, at info@trw.co or on +880 1779 127165.
Frequently asked questions
01What can the CMA fine a business for under consumer law?
Since 6 April 2025, the CMA can fine businesses directly for breaching consumer protection law, including the prohibition on unfair commercial practices in the DMCC Act, unfair contract terms rules and pre-contract information requirements. Fines can reach 10% of global turnover for businesses and £300,000 for individuals. Separate, lower penalties apply for procedural failures such as not complying with an information notice. The CMA can also require enhanced consumer measures, such as refunds or compensation to affected consumers.
02What is drip pricing and why does it matter?
Drip pricing is showing a headline price and adding unavoidable fees later in the purchase journey. Under section 230 of the DMCC Act, the total price is material information in an invitation to purchase, so leaving out mandatory charges that can reasonably be calculated is an unfair omission. The CMA's first substantive fine under the new regime, in April 2026, concerned a mandatory booking fee that was not included in the advertised price. Businesses should show the full price of compulsory items from the first point of display.
03Are fake reviews illegal in the UK?
Yes. Schedule 20 to the DMCC Act bans submitting or commissioning fake reviews, concealing that reviews were incentivised and publishing reviews in a misleading way. Businesses that publish consumer reviews must take reasonable and proportionate steps to prevent and remove fake and misleading reviews. The CMA has opened several investigations into review practices, so businesses should have written review policies, monitoring processes and clear rules on incentives.
04When does the new subscription contracts regime start?
Not yet. The subscription rules in Chapter 2 of Part 4 of the DMCC Act require secondary legislation before they take effect. In its 2026 consultation response, the government said the regime will not take effect before spring 2027 and that guidance will be published first. When it starts, traders will need to give key information before contract, send renewal reminders, offer cooling-off periods and make exit straightforward. Businesses should map their journeys now.
05Can a CMA consumer decision be appealed?
Yes. A business that receives a final infringement notice can appeal to the High Court in England and Wales or Northern Ireland, or the Outer House of the Court of Session in Scotland. Appeals must normally be brought within 60 days. Grounds include errors of fact or law and an unreasonable penalty. Any penalty or compensation does not have to be paid until the appeal is resolved. Settlement discounts are usually lost if a business appeals after settling.
06Do UK consumer laws apply to businesses based abroad?
They can. UK consumer protection law can apply to traders outside the UK that sell to or target consumers in the UK, and the CMA has powers to act against overseas businesses. EU-based businesses should not assume that EU compliance satisfies UK rules, because the DMCC Act and EU law have diverged. Overseas brands and marketplaces selling to UK consumers should review pricing, reviews, terms and cancellation routes for the UK market.
07What should we do if we receive a CMA information notice?
Treat it as urgent. Note the deadline, preserve relevant documents, including emails, messages and website versions, and take legal advice before responding. The CMA can fine businesses for failing to comply with an information notice, separately from any finding on the underlying practice, and it has already done so. A clear, accurate response delivered on time also sets the tone for the rest of the investigation.
Sources and official materials
- Digital Markets, Competition and Consumers Act 2024 — Unfair commercial practices, enforcement and subscriptions
- Consumer Rights Act 2015 — Statutory rights and unfair terms
- Consumer Contracts Regulations 2013 — Pre-contract information and cancellation rights
- CMA guidance on unfair commercial practices (CMA207) — How the CMA interprets the DMCC Act prohibitions
- Competition and Markets Authority — Consumer enforcement cases and guidance
- Business Companion — Trading Standards guidance for businesses
- Product Regulation and Metrology Act 2025 — Framework for product safety regulation
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.