Consumer Protection
Consumer rights, unfair terms, and how the CMA’s guidance affects marketing copy.
Key points
- Consumer protection law prohibits misleading actions and omissions
- The CMA actively enforces against misleading marketing
- Terms and conditions must be fair and transparent
- Subscription services have specific requirements
What the Code says
The Code of Practice requires that we “do not propagate false claims on our clients’ behalf, or engage in deceptive practices.”
Consumer protection law provides the legal framework that underpins this ethical commitment. Understanding it helps you write copy that’s both persuasive and compliant.
Key legislation
The main laws affecting marketing copy are:
- Consumer Protection from Unfair Trading Regulations 2008 — prohibits misleading and aggressive practices
- Consumer Rights Act 2015 — covers unfair contract terms
- Consumer Contracts Regulations 2013 — rules for distance selling
These are enforced by Trading Standards and the Competition and Markets Authority (CMA). The CMA has been increasingly active in tackling misleading online practices.
Misleading practices
It’s illegal to mislead consumers through either actions or omissions.
Misleading actions include:
- False information about products or services
- Creating confusion with competitor products
- Fake reviews or testimonials
- False claims about limited availability
- Misleading price comparisons
Misleading omissions include:
- Hiding material information consumers need
- Providing information in an unclear or ambiguous way
- Failing to identify commercial intent
- Burying important terms in small print
Courts assess whether practices would mislead the “average consumer” — someone who is reasonably informed, observant and circumspect. Targeting vulnerable groups raises the bar further.
Subscription practices
The CMA has focused heavily on subscription services. Their guidance requires:
At sign-up:
- Clear information about what you’re committing to
- Prominent disclosure of the full cost
- Clear explanation of any free trial terms
- Easy-to-understand renewal terms
During subscription:
- Reminders before free trials end or renewals happen
- Clear information about price changes
Cancellation:
- Must be easy — as easy as signing up
- No excessive steps or barriers
- Clear confirmation of cancellation
If you’re writing subscription sign-up flows, these requirements should shape the copy and UX.
Fake urgency and scarcity
Creating false urgency or scarcity is a misleading practice. Be careful with:
Countdown timers:
Only use if the deadline is real. Fake timers that reset are deceptive.
Stock warnings:
“Only 3 left!” must be accurate. Don’t create false scarcity to pressure purchases.
Limited offers:
“Offer ends Sunday” means it must actually end. Perpetually extended “limited” offers are misleading.
Booking pressure:
“10 people looking at this right now” must be true and relevant. Manufactured urgency is problematic.
There’s nothing wrong with communicating real deadlines or limited availability. The issue is fabricating urgency that doesn’t exist.
Fair contract terms
If you write terms and conditions, they must be fair. Unfair terms aren’t binding on consumers.
Terms likely to be unfair:
- Excluding liability for things you should be responsible for
- Allowing the business to change terms unilaterally
- Locking customers into unreasonably long contracts
- Making cancellation excessively difficult
- Hidden fees or charges
Presentation matters:
Terms must be in plain language. Even a fair term can be challenged if it’s expressed in a way consumers can’t understand.
Summary
Consumer protection law essentially requires honesty and transparency — which aligns with the Code of Conduct. If copy would mislead a reasonable person, it’s probably both unethical and illegal.
When clients push for aggressive tactics, understanding the legal framework helps you push back constructively. Misleading practices aren’t just ethically problematic — they create genuine legal risk.