Consumer Protection

The ProCopywriters 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.

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.

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

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
• Must be available online if sign-up was online

If you’re writing subscription sign-up flows, these requirements should shape the copy and UX.

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.

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.

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 also create genuine legal risk.