Digital Markets, Competition and Consumers Act 2024
Digital Markets, Competition and Consumers Act 2024 (DMCC)
Summary of key delivery charges issues
Misleading Actions: Section 226 of the DMCC prohibits traders from providing to consumers “false or misleading information relating to a product, a trader or any other matter relevant to a transactional decision”, including “overall presentation which is likely to deceive the average consumer”. This includes matters concerning the price of a product and charges for delivery.
Misleading Omissions: Section 227 of the DMCC prohibits traders from failing to provide consumers with “material information”, which is necessary for them to take an “informed transactional decision”. In particular, this applies to circumstances where there is an “Invitation to Purchase” and material information includes the total price, defined as including “any fees, taxes, charges or other payments that the consumer will necessarily incur if the consumer purchases the product” (Section 230 of DMCC).
Note that from 6 April 2025, the DMCC replaced the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) in relation to Unfair Commercial Practices such as Misleading Actions and Omissions. Part 4A of the CPRs remains in place in relation to the mechanisms for individual civil claims by consumers.
Digital Markets, Competition and Consumers Act 2024
Unfair Commercial Practices (Business Companion)