UK Consumer Protection Round-up 2025

2025 has been a pivotal year for the UK's consumer protection regime. In April 2025 the new strengthened consumer protection regime created under the Digital Markets Competition and Consumers Act 2024 (DMCC Act) came into force, with direct enforcement powers for the CMA and new consumer rights aimed at aligning the regime with the new market realities of increased online retail and advertising. In November 2025 the CMA launched its first formal investigations under the regime and also sent advisory letters to 100 businesses. This follows a major cross-economy review by the CMA of over 400 businesses in a wide range of sectors, in order to assess compliance with the new rules. In addition, the CMA has continued enforcement under its previous powers for conduct that took place before the new regime came into force. Our 2025 round-up explores these key developments in more detail and looks ahead to what 2026 may bring.

Enhanced UK consumer protection regime takes effect

On 6 April 2025 the UK's new consumer protection regime came into force. The changes were made by the DMCC Act, perhaps better known for creating a new digital markets regime regulating large technology platforms, but a considerable part of the DMCC Act also deals with consumer protection legislation, overhauling the previous regime. The DMCC Act introduces a new direct enforcement regime for the CMA under which it is now able to investigate suspected infringements and issue enforcement notices directly, without the need to apply to the courts first. The CMA's new powers mirror its competition enforcement powers under the Competition Act 1998, and the fines it can impose for breach of the relevant legislation and for failure to comply with its investigations are also aligned. Where the CMA concludes that there has been a breach of the consumer protection provisions of the DMCC Act, it can now impose penalties of up to 10% of an undertaking's global annual turnover.

A number of changes have also been made to the substantive law, aimed at improving and modernising consumer rights in order to ensure they keep pace with market developments, in particular the trend towards online retail and advertising. The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) have been revoked and the unfair commercial practices that were listed in the CPRs are now incorporated in the DMCC Act. Breaches of the prohibition on unfair commercial trading practices are enforced by the CMA under its direct enforcement regime.

As before, the legal test to determine whether a commercial practice is unfair is known as the "transactional decision" test. A commercial practice is unfair if it is likely to cause the average consumer to take a transactional decision that they would otherwise not have taken, because of a practice involving one or more of the following: a misleading action, a misleading omission, an aggressive practice, a breach of the requirements of professional diligence or omitting material information from an invitation to purchase.

The unfair commercial practices are also supplemented by new consumer rights, created under the DMCC Act. These include new prohibitions on drip pricing and fake reviews, greater protection for consumer savings schemes and a new regime for subscription contracts.

As under the previous regime, there is a list of unfair commercial practices that are always unfair, regardless of their impact on the average consumer's decision. An omission of material information from an invitation to purchase has been added to that list, as well as the new consumer rights of fake reviews and drip pricing. In addition, the Secretary of State has been given the power to add to that list, which should give the Government greater scope to respond to changes in the market. It is possible that greenwashing and harmful online choice architecture, currently subject to the transactional decision test, will over time be added to the list of per se unfair practices.

For a detailed overview of the new regime, including links to the CMA's relevant guidance, see our detailed briefing here.

Price transparency key enforcement priority for the CMA

Clear and accurate pricing for consumers is one of the CMA's priorities under its consumer protection regime, as it is important for consumer trust and confidence and also ensures that businesses are competing on a level playing field. That is why express rules on price transparency were included in the DMCC Act which updated and strengthened the CMA's enforcement powers under the UK consumer protection regime.

Material pricing information must be included in all invitations to purchase and failure to do so will now be an unfair commercial practice regardless of whether it is likely to cause the average consumer to take a different transactional decision. Under the CMA's new direct enforcement regime, the CMA has the power to impose fines of up to 10% of global annual turnover of the companies involved for failure to comply with price transparency requirements.

In November 2025 the CMA published its final guidance designed to assist businesses to comply with the price transparency requirements of the DMCC Act. This follows feedback received from stakeholders that the CMA's general unfair commercial practices guidance was insufficiently clear and detailed around the more complex issues involved in presenting the total price for different scenarios and sectors.

The guidance expands on key provisions such as the concept of an invitation to purchase and the pricing information to be included in the invitation to purchase. In order to avoid the issue of so-called drip pricing, where consumers are shown an initial base price with additional fees only revealed once they proceed to checkout, an invitation to purchase should contain the total price of a product, including any fees, taxes, and charges such as booking fees and delivery charges or other payments the customer will necessarily incur if they purchase the product. Where it is not possible to calculate the whole or part of the total cost, consumers must be given the information needed to calculate the total price themselves and that information must be clearly displayed, alongside the headline price.

Partitioned pricing, where the component parts of a price are provided but without giving the total price, is another commercial practice that is prohibited as it is similarly not consistent with the requirement to provide the total price of the product.

The guidance explains the core principles around the concept of total price. It expands on the distinction between mandatory charges, which must be included in the total price, and optional charges which do not have to be included, provided they are genuinely optional. This is further illustrated with practical worked examples. There is additional guidance on specific charges such as pre-transaction charges, mandatory and optional delivery charges, local charges and taxes, the display of periodic pricing and of targeted price reductions.

Alongside its price transparency guidance, the CMA has also published guidance on consent for optional extras when selling online. Where businesses offer optional extras linked to the main product they are selling, such as insurance or express delivery, they should not charge those extras by default, eg through a pre-ticked box or other forms of automatic opt-in. Instead, they must clearly explain any additional extras and make sure that customers expressly consent to these additional payments. Before proceeding to payment customers must be able to review and confirm what they are paying for.

CMA launches first investigations under its new consumer protection regime

On 18 November 2025 the CMA launched its first investigations under the new strengthened consumer protection regime introduced under the DMCC Act (see our blogpost here). The investigations, into eight businesses, are focused on online pricing practices including drip pricing as well as unfair online choice architecture practices such as pressure selling through misleading urgency messaging, and automatically bundled optional services:

• Two secondary ticketing sites are being investigated over potential drip pricing conduct, with certain mandatory charges not included in the upfront price, which is the invitation to purchase;
• Two driving schools are similarly being investigated over the display of their prices with mandatory fees not included in the invitation to purchase;
• A gym is under investigation over how it presents a one-off joining fee, which is not included in the advertised membership costs but is introduced part-way through the sign-up process; and
• Three homeware retailers are under investigation for online pressure selling, in particular whether their time-limited sales ended when they indicated they would, and whether customers are being automatically opted in to purchasing additional services.

The CMA has also sent advisory letters to 100 businesses flagging its concerns around drip pricing (with additional fees not included in the invitation to purchase) and other unfair online sales tactics. The letters were sent to businesses in a wide range of sectors. The CMA sends advisory letters to businesses where it believes they may be infringing consumer protection rules but for which it is not currently launching a formal investigation. The letters put businesses on notice to review their practices to ensure they comply with the law. Failure to do so will result in future enforcement action. Ignoring an advisory letter can also lead to more severe penalties if the CMA later launches a formal investigation into the same practices.

Ticketmaster's commitments for transparent ticket sales

The CMA has also continued enforcement under its previous consumer protection powers, for conduct that took place before the new DMCC Act regime came into force. This is the case for the CMA's investigation into Ticketmaster, and on 25 September 2025 the CMA obtained binding commitments from Ticketmaster in the context of its investigation into the sale of Oasis tickets. The investigation was launched in September 2024 over concerns that Ticketmaster had engaged in unfair commercial practices in breach of consumer protection legislation.

The CMA's investigation identified concerns around:

• 'Tiered pricing' practices for standing tickets, with the tickets being sold at two different prices without making it clear to consumers that prices would increase as soon as the cheaper tickets were sold, and
• Misleading ticket labelling, with Ticketmaster selling platinum tickets at a much higher price than standard tickets without explaining these more expensive tickets offered no additional benefits over standard tickets.

The CMA also considered whether the ticket sale was subject to 'dynamic pricing', with prices being adjusted in real time depending on changing conditions such as high demand, but ultimately decided there was no evidence that this was the case.

Ticketmaster has now offered commitments in order to address the CMA's concerns, under which it will:

• Provide consumers with at least 24 hours' notice before using a tiered pricing system, with a clear explanation as to how the system works and which tickets are affected, so that consumers know whether more expensive tickets will be released once the cheapest ones sell out;
• Provide more information about ticket prices during online queues to help consumers work out how much they may have to pay, including the range of prices available for the event with prompt updates when cheaper tickets sell out; and
• Avoid misleading ticket labels that give the impression that one ticket is better than the other when that is not the case.

Ticketmaster will provide regular updates to the CMA over the next two years setting out how it has implemented these commitments.

Dynamic pricing

While the CMA ultimately found no evidence that Ticketmaster used an algorithmic pricing model during the Oasis ticket sales, dynamic pricing remains a key area of interest for the regulator. It typically refers to pricing strategies where prices fluctuate rapidly and frequently in response to changing demand conditions.

In November 2024 the CMA launched a dynamic pricing project to investigate the use of dynamic pricing across different sectors of the economy. The aim was to consider different scenarios where dynamic pricing strategies are used, their commercial and consumer benefits and whether they create challenges for consumers and under competition law.

It focused in particular on sectors such as travel, hospitality, live entertainment and e-commerce, where pricing strategies have become increasingly sophisticated due to the use of AI-driven algorithms and digital automation tools.

In June 2025, the CMA issued an update on its project, concluding that dynamic pricing can support effective competition and deliver positive outcomes for consumers when implemented transparently. It allows businesses to optimise capacity and increase efficiencies. For consumers, provided they understand how prices may fluctuate and are able to adapt, dynamic pricing can offer access to more favourable deals.

However, in certain circumstances dynamic pricing can lead to poorer outcomes, such as when consumers are confused or concerned by rapid price changes and lack clarity on the reasons behind this. The CMA is more likely to be concerned where:

• Consumers are unaware that dynamic pricing is being used or how it may affect prices, limiting their ability to make informed decisions;
• Consumers feel pressured to make quick decisions because of the risk of sudden price increases;
• Vulnerable consumers are particularly disadvantaged and may end up paying higher prices than others; or
• Dynamic pricing is used to gain or maintain market power or deter new entrants, which results in higher prices, lower output and harm to consumers, businesses and the UK economy.

The CMA has published guidance for businesses to assist them with ensuring that their dynamic pricing policies comply with the competition and consumer protection rules. Under consumer protection law they are required to provide consumers with all the material information a consumer needs to make an informed transactional decision. Exactly what that information is will depend on the circumstances and the pricing model used, but as a minimum business will need to make sure that:

• Consumers know when prices are not static and are subject to change;
• They make it clear what makes prices change so that consumers can work out when they will be able to get the best price; and
• They provide the range of possible prices so consumers know whether something could end up being too expensive.

Business must also make sure that consumers are not put under undue pressure to make snap decisions if prices are changing. They should never change the price while the consumer is in the process of paying, and all information around dynamic pricing must be presented clearly and prominently.

Discounts and reference pricing principles

The CMA is currently bringing court proceedings against Emma Sleep for failing to address its concerns over misleading online sales practices relating to Emma Sleep's discount offers. The CMA found that very few advertised Emma products were sold at their full price, and that the discounts being offered were therefore not genuine. Emma's claims relating to when the sales were ending were also misleading, as new sales would often start soon after the advertised end-date.

In August 2024 the CMA issued guidance on discounts and reference pricing principles for sales of mattresses online. Under that guidance, where a trader chooses to use a reference price when advertising discounts, any comparison between the reference price and the discounted price must reflect a genuine price advantage. Whether this is the case depends on:

• The duration of an offer: the 'was' price must be offered for a sufficient period of time on the same website, immediately before the discount begins. That duration cannot be shorter than that of the discounted offer (the duration requirement), and
• The volume of an offer: a sufficient number of sales should have been made at the 'was' price. At least one product should have been sold at the 'was' price for every two products sold at the discounted price (the volume requirement)

Emma argues that the CMA's volume requirement, under which it is required to limit the number of products sold at a discount, goes beyond the requirement set out in the legislation that a price advantage claimed by a trader must not be misleading or unfair, and harms consumers by denying them access to popular deals. Emma refused to give an undertaking to change its practices to comply with the CMA's volume requirement and it will now be up to the court to decide whether the CMA is right to apply this 1:2 volume ratio. The trial for the case has been set for 6 June 2026.

Under the DMCC Act consumer protection regime the CMA no longer has to go through the courts to enforce the unfair commercial practices, and it will be able to decide itself whether there has been an infringement. The role of the courts will instead be limited to appeals brought against CMA's decisions.

Fake reviews

Fake consumer reviews have been added to the list of practices under the DMCC Act that will always be unfair, regardless of their impact on the average consumer's decision. The prohibition is widely defined and consists of a range of practices including submitting or commissioning fake consumer reviews or reviews that conceal the fact that they have been incentivised. It also includes publishing fake consumer reviews or consumer review information in a misleading way, and businesses that publish or provide access to reviews will have a legal responsibility to ensure that consumers are not misled by the information from the reviews they present to consumers (see the CMA's Guidance on Fake Reviews (CMA208) here).

Failing to take reasonable and proportionate steps to prevent and remove from publication banned reviews and false or misleading consumer review information is also an infringement of the banned practice. This creates a positive obligation, requiring all traders who publish consumer reviews or consumer review information to take effective action to comply with the law. It includes a requirement for a published policy that clearly prohibits fake reviews and confirms the publisher's approach to incentivised reviews and consumer review information. Publishers must also carry out regular risk assessments and put in place processes to assist with the detection of banned reviews, the removal of such content and the risk of it reappearing.

The rules around fake reviews are complex and onerous for businesses and during the first three months of the new regime the CMA's focus was very much on supporting businesses to comply with the new rules. In addition to its detailed Guidance on Fake Reviews the CMA has now also published a collection of guidance for businesses and brands, including guidance on review and endorsement principles for social media, guidance on reviews for businesses and agencies, guidance on social media endorsements for content creators and guidance on reviews for online review sites (all available on the CMA website here).

At the same time the CMA has also been preparing for enforcement of the regime, by issuing information notices and conducting a web sweep of over 100 businesses to identify problematic conduct in relation to fake reviews. Although many of those businesses did have the necessary policies and procedures in place, more than half of them did not comply with the requirements set out in the CMA's Guidance on Fake Reviews. The CMA wrote to those businesses highlighting the need to take action, and they were asked to respond to the letter and explain what changes they have made in order to comply.

Subscription contracts

The DMCC Act introduces a new set of requirements that are specific to subscription contracts and will be subject to the CMA's direct enforcement regime. The Act imposes new duties on businesses making it easier for consumers to provide informed consent and to opt-out of contracts.

• re-contract information must be prominently and clearly presented to consumers before they enter into the contract (includes information about price, automatic renewals, cancellation methods and rights)
• Reminder notices to alert consumers that a free/discounted trial is coming to an end, or a contract is due to renew, (plus information on how to exit if they wish to do so) must be issued within a reasonable period to allow the consumer to act on the notice
• Consumer termination arrangements must be in place to enable consumers to end the contract in a straightforward way, without having to take steps that are not reasonably necessary
• An initial cooling-off period of 14 days must be available to consumers at the start of the subscription, and a renewal cooling-off period of 14 days must also be available to consumers after they become liable for a renewal payment

These rules will be implemented through secondary legislation and are not expected to come into force before the autumn 2026, to allow businesses sufficient time to put in place the necessary measures.

Impact for consumer-facing businesses

When announcing its first investigations, the CMA made it clear that these were just the start of its enforcement work and that it will not hesitate to use its newly-introduced consumer protection enforcement powers across a wide range of sectors. The CMA is proactively monitoring businesses' websites for compliance and has also published guidance on how to make a consumer law complaint, which can be expected to increase the risk of detection of non-compliance.

Consumer-facing businesses should therefore make sure they are fully prepared for the new regime by identifying the key risk areas for their business and putting in place the necessary processes and compliance measures.

• The rules around fake reviews, for example, are particularly wide in scope and will be relevant to any business that publishes consumer reviews, requiring them to put in place a policy that clearly prohibits fake reviews and to carry out regular risk assessments.
• The CMA's focus on price transparency will be relevant to all businesses that sell online, who should audit their customer journeys and make sure that their invitations to purchase contain the necessary pricing information in order to comply with the price transparency requirements.
• Unfair online choice architecture practices such as pressure selling through urgency or scarcity claims or presenting choices in a way that nudges users towards a particular option are also an enforcement priority for the CMA, and businesses should carefully review their online choice practices for compliance with the new regime.
• Although the new rules for subscription contracts are not expected to come into force before autumn 2026, businesses operating subscription contracts should start to prepare for the changes as set out in the DMCC Act.

Finally, it is important to note that the new consumer protection laws will also apply to non-UK companies which have a place of business in the UK, carry on business in the UK or where the conduct at issue arises in the context of activities directed to consumers in the UK.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.