Consumer Rights Act set to become law this week

Phil Brown, solicitor in the corporate team at Napthens, is warning that consumer protection legislation has undergone a major overhaul recently and is set to be completed when the new Consumer Rights Act 2015 comes into force on Thursday.

The Act also covers second-hand goods, when bought through a retailer.

The most important change is the right to a refund within 30 days if you buy something that’s faulty, whether it’s online, through a high street store, or from any other retailer.

The 30-day rule does not apply to digital purchases but retailers have one opportunity to fix or replace any goods and the consumer can choose which option they prefer.

Hannah Maundrell, Editor in Chief of money.co.uk comments on the introduction of the new Consumer Rights Act 2015 on the 1st October: “It’s fantastic that we’re finally able to benefit from the biggest overhaul of consumer law in several decades brought in by the new rights, but it doesn’t mean a thing if consumers don’t know about them”.

Getting a refund or fix, dealing with issues with faulty digital downloads and challenging unfair terms should all be made much simpler. The biggest change is the “early right to reject” a product that turns out to be faulty or not what was claimed within 30 days in return for a full refund rather than being offered a fix.

Which? executive director Richard Lloyd said: “Consumer law was crying out to be brought up to date to cope with the requirements and demands of today’s shoppers”.

And there’s improved protection if you discover a fault any time within six months. “They will now be entitled to get for the first time a free fix or replacement for any faulty digital content”.

And if digital content does not meet these standards the consumer has the right to a refund.

Which? has also produced a useful guide to the Consumer Rights Act.

Another change is that companies will no longer be allowed to “bury” charges in the small print of terms and conditions.

In this case, the store or garage can offer a fix but, if this does not work, the customer has a legal right to a refund or replacement.

“They will also need to assess their marketing materials and communications to ensure they comply with the new rules, and implement staff training to raise awareness”.