This Friday 27th November sees Black Friday return to our high streets, shopping centres and internet screens. The American phenomenon has grown rapidly in the UK after first making an appearance just five years ago. Since then it has become a marked date in many people’s calendars as the day to grab a bargain just before Christmas and for this reason Black Friday’s popularity has sky-rocketed.

Smart consumers, however, will know this is the first Black Friday since the revamping of the Consumer Rights Act (CRA), which came into effect on1 October. It wasn’t just a minor reshuffle either, the new CRA 2015 is considered the biggest overhaul this field in a generation.

What’s new with the Consumer Rights Act 2015?

The changes to the CRA have streamlined complicated consumer law, in effect rearranging eight pieces of legislation into one. The bonus for those hitting the shops on Black Friday is that it is now much easier for consumers to understand their rights and also question bad practice.

With a more simplified body of consumer law standing alongside regulations, the hope is that both sides of the coin will be more confident: the consumers with cash to spend and the business that sell the products or offer the service.

This isn't the way things stack up today

The Rights around Digital Content

Many of the changes are updates of previous laws, but for the first time, the CRA will include reference to digital content, bringing consumer law finally into the 21st century. As a result of the changes, consumers are going to have more rights, especially when it comes to these digital products, such as e-books and games, which has been a grey area since the inception of the digital revolution.

E-commerce transactions are thriving in the UK and are showing no sign of slowing down. On Black Friday last year, UK consumers spent an incredible £810m online. In 2016, it is expected that Britons will spend £60 billion online, therefore knowing your rights is incredible important.

The updated rights will help to avoid disagreements between consumers and businesses by making the rules more user friendly around what to do in certain circumstances, such as what should happen if a service doesn’t match up to what has been agreed. It will also make settling disputes easier to handle rather than going through an extremely expensive court procedure.

The government hopes that well-informed, confident consumers will be willing to spend more money, in turn driving continued growth and building a healthier economy.

The important changes:

·         A 30-day time period to return faulty goods and get a full refund. Previously, the law was unclear on how long this period should last.

·         New rights for consumers to get a repair or replacement when digital content is faulty, even when you bought the product more than 30 days ago. This will cover online films, games, music downloads and e-books. If it still doesn’t work after a repair or replacement, you will be able to ask for a refund.

·         Giving consumers a clear right to demand that services that fall short of what was agreed are redone or failing that receive a reduction in price. For example, you’ve booked a relaxing Spa day and there is a noticeable lack of care and skill during the treatments, you can ask for the service to be carried out again or a discount.

·         The ability to challenge terms and conditions which are unfair or hidden in the small print.

·         For businesses, public enforcers, such as Trading Standards Officers, will have to give 48 hours’ notice when carrying out a routine inspection. TSO will be able to carry out unannounced inspections, but only if they suspect illegal activity

·         Businesses who have been disadvantaged from breaches in competition law will receive faster and lower cost remedies

A possible point to note: if you are buying second hand goods off a private seller on eBay, your rights are not as strong. The item must be correctly described, but if the seller says very little about the item and you buy it, then you haven’t been mis-sold.

Safe to say if you sell someone a heap of junk they'll get their money back

Upshot for businesses

The CRA will have a large impact on the business sector, specifically businesses who deal with consumers. If your business does deal with consumers, you should be making sure you are compliant with the new CRA rules and regulations so you don’t get yourself caught out. It will also be vital to educate your staff about the changes the CRA, if you haven’t done so already, so they can implement the correct procedures.

Businesses will need to consider how additional terms and conditions are incorporated into consumers’ contracts and to what extent such communications are made.

It will be important for you to think about reviewing your processes and documentation, such as:

-          Cancellation and returns policy

-          Sales processes

-          Buyer terms and conditions

-          Marketing materials & website and app terms

-          Telephone scripts

-          Pre-contractual documentation

The new CRA 2015 greatly increases the rights of consumers and the powers of the court. If you feel your consumer rights have been breached give the Gorvins specialist Dispute Resolution team a call on 0161 930 5117.