CMA Consumer Protection Enforcement In 2026: The CMA Flexes Its New Powers

The latest wave of consumer protection announcements from the Competition and Markets Authority (CMA) shows its direct enforcement powers under the Digital Markets, Competition and Markets Act 2024 (DMCCA) enable it to move swiftly and issue significant penalties for non-compliance.

The CMA announced a major package of action covering online pricing practices including drip pricing and pressure selling under DMCCA in November 2025. As a result of a cross-sector review, the CMA identified potential compliance concerns in 14 sectors (including live event ticketing and driving schools) across compliance issues including drip pricing, fake online reviews, and misleading sales practices. The CMA launched enforcement action and sent advisory letters to 100 businesses, and we are now seeing the outcome of some of these actions, as well as the culmination of some pre-DMCCA consumer protection enforcement from the CMA.

We look at the CMA's enforcement actions so far this year, its announcements regarding areas of focus for the future, and at what that means for your business.

First DMCCA consumer fine

On February 13, 2026, the CMA fined Euro Car Parks Limited GBP473,000 for failing to respond to a statutory information notice. The notice was issued in July 2025, and the CMA made seven attempts to obtain a response, but the company did not respond for three months and only engaged after being told a fine was proposed. 

The penalty was imposed in December 2025 under Schedule 5 Consumer Rights Act 2015, as amended by the DMCCA, and it was the CMA’s first use of these fining powers.

The CMA stated it has no consumer enforcement case open against the company. An appeal is pending and the fine is not payable until the appeal has concluded unless the court orders otherwise. 

Time-limited offers and misleading sales practices

Emma Sleep (Emma Group)

Before the DMCCA came in, the CMA began an investigation into Emma Sleep's online sales practices in 2022. As the CMA was not able to enforce directly under the previous regime, the matter has progressed to the courts. On May 28, 2026, the CMA announced a High Court-endorsed settlement with Emma Sleep concerning misleading online sales practices. The High Court Order of May 22, 2026, confirmed Emma Sleep acted illegally. Emma Sleep gave binding undertakings to stop misleading countdown timers, false 'high demand' messages, and false discount claims. It also agreed to ensure future claims are clear, accurate, and do not falsely create a sense of customers needing to act quickly, refrain from 'limited time' promotions where similar deals continue, and implement compliance monitoring and reporting. 

Reference pricing, including 'was/now' pricing, went to trial in early June 2026, with judgment pending.

Appliances Direct (Buy it Direct Ltd.) and Wayfair Stores Limited

Under the DMCCA regime, the CMA is investigating Appliances Direct and Wayfair for suspected consumer law infringements related to time-limited offers and optional charges. The investigation examines whether their time-limited sales ended as advertised and, in the case of Appliances Direct, whether customers were automatically opted in to purchasing additional services without proper consent.

The formal investigation opened on November 17, 2025, with initial evidence gathering conducted between November 2025 and March 2026. The CMA provided an update in June 2026, saying that the investigations remain ongoing and no conclusions of breach should be drawn at this stage.

Automatic opt-in charges

Marks Electrical Limited

On June 18, 2026, the CMA fined Marks Electrical Limited GBP720,000 for infringements of consumer protection law related to automatic opt-in charges. Marks Electrical was investigated for automatically opting customers in to purchasing additional unpacking and recycling services in breach of consent requirements under the Consumer Contracts Regulations 2013, and associated CMA guidance.

The penalty included a 40% reduction as a result of early settlement. Marks Electrical must refund charges paid by consumers who were automatically opted in to extra services using the original payment method. This is expected to involve refunds of GBP15 per person and cost a total of GBP600,000. While this was not an investigation into breaches of the DMCCA, the CMA focused on Marks Electrical's conduct from April 2025 when its new DMCCA enforcement powers came into effect.

Drip pricing

Automobile Association Developments Limited

On April 15, 2026, the CMA confirmed it had fined the Automobile Association (AA) GBP4.2M for drip pricing and ordered GBP760,000 to be refunded to 80,000 customers by the AA and BSM Driving Schools (both owned by the AA).

These were the first CMA fines under the drip pricing provisions brought in under DMCCA. 

An investigation found that people booking driving lessons on the AA and BSM sites between April and December 2025, were initially shown prices that did not include the mandatory booking fee. New customers were only shown the full price at checkout and, for returning customers, the booking fee was shown separately from the initial price and only included in the total price on the following page at checkout. This was in breach of DMCCA requirements to show customers the total price at the outset, including any unavoidable charges. 

The CMA required the AA to refund affected customers a total of GBP760,000. The amount to be refunded to individuals will depend on the number of lesson packages booked during the relevant period but is expected to average GBP9 per customer.

In addition, the AA was fined GBP4.2M. This represented a reduction of 40% under early settlement after the AA engaged constructively with the CMA and acted quickly to resolve its concerns.

StubHub UK (TICKETBIS S.L.)

On June 23, 2026, the CMA published the conclusion of its investigation into StubHub UK, finding that StubHub failed to show fans the total upfront price of event tickets, instead introducing a mandatory fee later in the purchasing process. It found that between April 6 and December 7, 2025, some fans were required to pay mandatory costs including delivery and service fees which were added at the final stage of checkout rather than included in the total purchasing price upfront. The CMA fined StubHub close to GBP900,000 and ordered it to pay refunds exceeding GBP590,000 to over 50,000 fans.

Again, the fine included a 40% reduction under the early settlement mechanism. An investigation into Viagogo around similar issues is ongoing.

Ryanair UK Limited and Ryanair DAC

On June 11, 2026, the CMA launched an investigation into Ryanair’s requirement that at least one adult pays to sit with children aged 2 to 11, including children with disabilities. Ryan Air typically charges GBP8 per "mandatory family seat" reservation but seat reservation is optional for other passengers not travelling with children. The CMA is assessing whether the relevant contract term is unfair under consumer law and whether it breaches the DMCCA rules prohibiting drip pricing. The CMA is also investigating whether parents are effectively being charged in order for Ryanair to meet child safety and disability-related obligations under aviation rules. The CMA has not reached conclusions. It expects to publish an update within six months.

Fake and misleading online reviews 

On March 27, 2026, the CMA launched five new consumer law investigations into fake and misleading online reviews across car sales, review moderation services, funerals, food delivery and prepared meals. The investigations are being carried out to establish whether the companies are in breach of the DMCCA rules banning fake and misleading online reviews which came into force on April 6, 2025. 

The CMA is investigating whether: 

• Autotrader and Feefo failed to publish and count certain moderated 1-star reviews.

• Dignity encouraged staff to post positive reviews of crematoria services which potentially skewed customer views. 

• Just Eat’s ratings system inflated some restaurant and grocer star ratings, thereby providing consumers with misleading information.

• Pasta Evangelists offered discounts for incentivized 5-star reviews on delivery apps and failed to disclose they were incentivized. 

The CMA is examining how reviews are obtained, moderated, displayed, and converted into star ratings. 

Early cancellation fees 

On March 19, 2026, the CMA launched an investigation into Adobe Systems Software Ireland Limited over concerns that early cancellation fees in certain membership plans may breach consumer protection law. 

The CMA is examining Adobe’s ‘annual billed monthly’ plan, under which consumers who cancel more than 14 days after sign-up must pay 50% of the remaining annual cost, while retaining access until the end of the current monthly billing period. Under the Consumer Rights Act 2015, terms which require consumers in breach of contract to pay disproportionately high sums for unsupplied services, are on the grey list of potentially unfair terms. The investigation will also consider whether information about the early termination fee was presented in such a way as to constitute a misleading omission. The CMA expects to present an update on the investigation in Autumn 2026. 

Trader recommendation platforms 

On May 28, 2026, the CMA announced it had written to several trader recommendation platforms (TRPs) to highlight concerns with their practices and remind them about their consumer protection obligations as set out in the CMA's November 2024 guidance. The CMA's concerns focus on misleading claims of trader quality, failure to ensure vetting checks are up to date and accurate, failure to have complaints procedures, and failure to have measures in place to deal with problematic traders, including by banning them.

What does this mean for you?

The CMA has been clear about its main concerns, both in terms of sector focus, and in terms of what kind of consumer protection breaches it is prioritizing. It's no surprise to see that drip pricing and fake online reviews feature, given that they are now explicitly covered by new rules under the DMCCA.

The CMA has also moved quickly to flex its new direct enforcement muscles under the DMCCA. The pre-DMCCA Emma Sleep investigation was opened on November 30, 2022, and was only settled in May 2026, with additional issues still to be decided by the High Court. This contrasts with the AA investigation which was opened in November 2025 and closed in April 2026, and the StubHub investigation which was opened in November 2025 and concluded in June 2026. We can expect the other ongoing investigations to close just as quickly.

The CMA is using its direct powers to impose financial penalties and require refunds to be made directly to impacted consumers. These powers can be used not just for breaches of the DMCCA, but also for conduct breaching other consumer protection laws since the powers came into effect. To date, the CMA has secured GPB1.95M in refunds for consumers and imposed fines of over GBP5.7M. Early settlement has, however, resulted in significant reductions (40%), in line with the CMA's guidance on its enforcement powers published in August 2025. Early settlement requires acknowledgment of fault, so may not be suitable in all cases but, financially, there is a considerable incentive to cooperate with the CMA at the outset of an investigation.