New Consumer Rights rules coming into force in October

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31/03/2015

New Consumer Rights rules coming into force in OctoberConsumers will have enhanced rights following the Consumer Rights Bill being given Royal Assent on 26 March 2015. The forthcoming regulations will have an impact on all BWF firms that sell products and services to the homeowner. The rights will comes into force in October, together with separate regulations on Alternative Dispute Resolution .

It will also introduce a range of new rights for consumers when it comes into force on 1 October 2015 including a 30-day time period to return faulty goods and replacement rights for faulty digital content.

Under the Act, consumers and businesses will have new rights and responsibilities. These include:

– consumers having a clear right to demand that substandard services are redone or failing that receive a price reduction.

– a 30-day time period to return faulty goods and get a full refund. The law is currently unclear on how long this period should last.

– consumers being entitled to some money back after one failed repair of faulty goods (or one faulty replacement) even if more than 30 days have passed, rather than having to put up with repeated attempts to get a repair done.

– consumers being able to challenge terms and conditions which are not fair or are hidden in the small print.

– new rights for consumers to get a repair or a replacement of faulty digital content such as online film, games, music downloads and e-books. Currently the law is unclear and has failed to keep up with the huge demand for digital products.

Measures have also been included in the Act to specifically reduce the burdens of understanding and applying consumer law.

These include:

– a new requirement for enforcers such as Trading Standards Officers to give 48 hours’ notice to businesses when carrying out routine inspections, although Trading Standards Officers will still be able to carry out unannounced inspections where they suspect illegal activity.

– new remedies for businesses who have been disadvantaged from breaches in competition law.

BWF members can get a briefing on this urgent change in Workshop J at BWF Members' Day on 23rd April. Further guidance will be prepared in due course to ensure that members are on top of the regulatory changes and our member-only helpline is available to take calls on 0844 209 2619.

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