Kate McKenna
Partner, Matheson
Consumer Rights Act 2022 CPD Webinar
The Consumer Rights Act is now in force. The Act represents the biggest overhaul of consumer rights legislation in the history of the state.
140
Online / On-demand
2.5 General CPD hours
About this course
The Consumer Rights Act is now in force. The Act represents the biggest overhaul of consumer rights legislation in the history of the state. The legislation expressly provides for the regulation of contracts for the sale of goods with a digital element as well as contracts for the supply of digital content and digital services. It also further regulates contracts for the sale of goods and supply of services. It transposes the Revised Sale of Goods Directive, the Contracts for the Supply of Digital Content and Digital Services Directive as well as the so-called Omnibus Directive.
The changes to consumer rights protection are fundamental and far-reaching. The legislation creates clearer rules for business and introduces new and enhanced obligations on traders selling to consumers. The Act also strengthens the rights and remedies available to consumers and significantly increases penalties for non-compliance.
This webinar will provide you with an overview of the key provisions of the legislation and analyse its practical application. It will be of interest both to practitioners acting for businesses and consumers.
Course Syllabus
The webinar will address the following matters:
- Application of the legislation: Does the Act apply where a consumer provides personal data instead of paying a price in a digital content/digital services contract?
- What are the subjective and objective requirements in relation to conformity which must be adhered to under the legislation? Where does the burden of proof lie?
- The nature of the obligation on a trader to provide updates to digital services: is this an open-ended obligation?
- How has the legislation strengthened transparency requirements that apply to contract terms?
- Does the recipient of a gift acquire the rights and remedies on the same terms as the purchasing consumer?
- Commercial Guarantees: when will a trader be liable for commercial guarantees provided by other guarantors?
- Do the benefits of a guarantee apply to a subsequent consumer?
- What are the implications for the passing of risk in sale of goods contracts?
- Sanctions for a trader who purports to exclude or restrict liability in relation to a list of specified provisions
- Provisions in relation to prohibited notices /advertisements.
- Unfair Terms: How has the legislation extended the scope of unfair terms provisions?
- The narrowing of the exemption from assessment for unfairness of core contract terms
- To what extent has there been an expansion of contract terms presumed to be unfair (the grey list) or deemed automatically unfair (the blacklist)?
- Consumer Redress: How has the legislation expanded the redress options for consumers?
- Implications of the Collective Redress Directive
- Offences and fines including “turnover” fines.
- Provision for the granting of compensation orders
- Will a convicted trader be liable for the costs and expenses of proceedings and investigation?
- What increased enforcement powers are provided for in the legislation?
