Consumer Law

The sale of goods and services to consumers is subject to a wide range of legislation and regulation covering areas including:
  • Terms implied in to all contracts for supply of goods and/or services to consumers, including the requirement that goods are of satisfactory quality.
  • Terms and conditions which are considered to be unfair (and therefore unlawful) for use in transactions with consumers.
  • Misleading advertising.
  • Unfair commercial practices including misleading consumers either through what is said prior to sale, or equally what is not said.
  • Product safety, including post sale safety monitoring and reporting obligations.
  • The requirements that must be met by any voluntary manufacturer's warranty offered by a product manufacturer.
  • The relationship between voluntary manufacturer warranties and consumer law.
  • Distance selling regulations, including the 'cooling off' period afforded to all consumers that purchase goods via a website or call centre.


Unfortunately there is no one 'consumer protection code', making consumer law compliance a real challenge for businesses. 

Our lawyers have experience advising businesses on a wide variety of consumer law matters including:

  • Advising on product safety matters, the positioning of EU wide product replacement programs and associated reporting obligations, and responding to questions from competent authorities.
  • Provision of strategic advice on pan-European consumer law claims filed by 12 consumer authorities acting in concert and drafting and advising upon an action plan.
  • Drafting terms and conditions and voluntary manufacturer's warranties in 'plain English' to ensure that consumers can easily understand them.
  • Reviewing draft marketing materials to ensure compliance with consumer and advertising laws, including provision of advice on steps to be taken to protect businesses in relation to bold marketing claims.
  • Provision of direct sales and marketing advice to a carbon trading client.
  • Drafting of various terms and conditions for consumer-facing businesses (both online and offline) to ensure compliance with consumer law provisions (Consumer Protection From Unfair Trading Regulations 2008 and Distance Selling Regulations 2000) and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013’.
  • Advice on enforceability of membership terms (Unfair Contract Terms Act 1977 and Unfair Terms In Consumer regulations 1999).
  • Reviewing terms and conditions of service for compliance with English law, and coordinating compliance project across 30 jurisdictions in EMEIA.


For details of recent projects, please see our Review of Business 2014

For specialist legal advice please contact:
Mark Chapman on 01276 854928 or by email at mark.chapman@herrington-carmichael.com

The Legal 500 Our corporate and commercial team is delighted to have been recognised in this year's edition of the UK Legal 500 as a leading advisor in the Thames Valley corporate and commercial legal markets
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