News & Analysis as of

UK Consumer Rights Act

K&L Gates LLP

Consumer Rights Can Render an Otherwise Valid Arbitration Award Unenforceable

K&L Gates LLP on

A warning to all consumer-facing businesses: the UK’s Court of Appeal has upheld the enforcement of a US$64 million Hong Kong-seated arbitration award against a Mrs Zhang, rejecting her argument that she was protected by the...more

A&O Shearman

Representative actions for redress will be possible from October 2023

A&O Shearman on

The redress action allows consumer associations to collectively sue companies for performance claims of consumers. The law comes into force in October 2023. What does the redress action mean for the companies that could...more

Morgan Lewis - Tech & Sourcing

UK Financial Conduct Authority Drives Changes to Buy Now, Pay Later Contract Terms

The UK Financial Conduct Authority (FCA) released a statement on February 14 confirming a series of changes to potentially unfair contract terms that had been agreed with four of the largest providers of Buy Now, Pay Later...more

A&O Shearman

UK Regulator Drives Changes to Terms of Buy Now, Pay Later Firms

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The U.K. Financial Conduct Authority has secured changes to the contracts of four Buy Now, Pay Later firms – Clearypay, Klarna, Laybuy and Openpay. Certain terms, including contract cancellations, continuous payment...more

Epiq

Competition Class Action Moves Forward in UK

Epiq on

Historically, class action lawsuits were primarily tied to the U.S. With the exceptions of Canada, Australia, and a few others, most countries around the globe did not embrace this legal recovery mechanism as freely and...more

Akin Gump Strauss Hauer & Feld LLP

Merricks v Mastercard: U.K. Competition Appeal Tribunal Gives Green Light for First Ever ‘Opt-out’ Class Action

Key Takeaways - The United Kingdom’s Competition Appeal Tribunal (CAT) recently granted the U.K.’s first ever Collective Proceeding Order (CPO), on an “opt-out” basis, in Walter Hugh Merricks CBE v Mastercard Incorporated &...more

Morrison & Foerster LLP

Click Yes To Accept: Fairness And Transparency In Consumer Contracts In Europe

Companies contracting with consumers have to take care to ensure their agreement terms are enforceable. In one of the first post-Brexit decisions on issues in an online consumer contract, a UK court recently showed that...more

Latham & Watkins LLP

Pay.UK Releases Paper on Protections in Consumer-to-Business Payments

Latham & Watkins LLP on

The paper identifies potential gaps in protections for consumers, with a focus on consumer-to-business payments via the Faster Payments System. In November, Pay.UK, the retail payments authority, released a summary paper...more

Morrison & Foerster LLP

UK Opt-Out Class Actions – A New (Anti) Competitive Landscape

Morrison & Foerster LLP on

On 11 December 2020, the UK Supreme Court handed down its highly anticipated judgment in the case of Mastercard v Merricks. The case concerned the certification procedure for US-style ‘opt-out’ collective (class action)...more

White & Case LLP

Merricks v Mastercard: will US-style class actions become the norm?

White & Case LLP on

In a landmark judgment (and in unusual circumstances), the UK Supreme Court has held that the ongoing Merricks v Mastercard case should be referred back to the Competition Appeal Tribunal (CAT). Not only is this a step...more

Morrison & Foerster LLP

The EU Collective Redress Directive Is Coming To Town

Morrison & Foerster LLP on

After more than seven years, the EU Parliament formally endorsed the much-anticipated new directive on representative actions for the protection of the collective interests of consumers (the “Directive”). This was the final...more

BCLP

Court of Appeal restores £14 billion collective damages action

BCLP on

In a landmark ruling the Court of Appeal has given another chance to a £14 billion class action against MasterCard. The first case of its kind, brought on behalf of 46 million UK consumers, stalled two years ago when the...more

Hogan Lovells

FCA finalised guidance on fairness of variation terms in financial services consumer contracts: the devil's in the detail

Hogan Lovells on

The FCA published their finalised guidance on the fairness of variation terms in financial services consumer contracts under the Consumer Rights Act 2015 on 19 December 2018....more

Hogan Lovells

Corporate Insurance Newsletter – December 2018

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The Hogan Lovells’ Corporate Insurance Newsletter for December has been published. This provides a round-up of UK, EU and international regulatory developments relevant to UK based insurance market participants. ...more

Hogan Lovells

Corporate Insurance Newsletter – May 2018

Hogan Lovells on

The Hogan Lovells’ Corporate Insurance Newsletter for May has been published. This provides a round-up of UK, EU and international regulatory developments relevant to UK based insurance market participants. In this issue,...more

Pillsbury Winthrop Shaw Pittman LLP

Dealing on Written Standard Terms of Business—Guidance from the English Court of Appeal

The English Court of Appeal considers whether the use of model form agreements could constitute dealing “on written standard terms of business” The decision will give comfort to lenders who use precedents or model form...more

A&O Shearman

New competition class action regime off to a slow start

A&O Shearman on

The first ever application to create a class action under the Consumer Rights Act 2015 regime, in relation to anti-competitive conduct in the mobility scooter market, has been adjourned following faults found with the...more

A&O Shearman

Competition class actions off to a slow but steady start

A&O Shearman on

The first judgment on class certification for competition class actions has been issued by the Competition Appeal Tribunal. The judgment will reassure potential defendants, as the Tribunal demanded greater rigour from the...more

Patterson Belknap Webb & Tyler LLP

First Opt-Out Class Action Underway In The United Kingdom

On June 21, 2016, the United Kingdom Competition Appeal Tribunal (the “Tribunal”) published notice of an application to commence collective proceedings under Section 47B of the UK’s competition act. If this action continues,...more

A&O Shearman

US Federal Deposit Insurance Corporation Chairman Gruenberg Discusses Resolution of Systemically Important Financial Institutions

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FDIC Chairman Martin Gruenberg discussed improvements in cross-border cooperation with respect to the resolution of systemically important financial institutions. He highlighted ongoing conversations among leading financial...more

Locke Lord LLP

Asset Finance & Leasing Newsletter

Locke Lord LLP on

New GAP Insurance Rules - The FCA published new rules in June governing the sale of addon Guaranteed Asset Protection (GAP) insurance. The rules came into force on 1 September 2015 and apply to commercial customers as well...more

Bryan Cave Leighton Paisner

Land Use Restrictions under the Spotlight

On 18 March 2016, the Competition Appeal Tribunal (CAT) published only the second case to be brought under the new fast track procedure before the CAT under the provisions of the Consumer Rights Act 2015. The fast track...more

Cooley LLP

Alert: You Can't Hide Behind Your EULA

Cooley LLP on

Companies trying to shift liability for data breach by hiding catch-all exclusion clauses in End User Licence Agreements (EULAs) can learn from one company's latest antics. What's happened? At the end of last year,...more

Morrison & Foerster LLP - Social Media

Harmonizing B2C Online Sales of Goods and Digital Content in Europe

The European Commission has announced new draft laws that would give consumers new remedies where digital content supplied online is defective or not as described by the seller....more

McDermott Will & Emery

The UK Consumer Rights Act 2015: A New Advance in Private Antitrust Enforcement

McDermott Will & Emery on

On 1 October 2015 the UK Consumer Rights Act 2015 (CRA 2015) entered into force, bringing with it a raft of changes pertaining to consumer protection law and competition law litigation. These changes were discussed in an...more

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