Consumer Protection Compliance

If your business is consumer-facing, constantly evolving consumer protection laws are increasingly shaping what your business can and cannot do, with greater enforcement risks and more significant sanctions than ever before. Our experts can help you to interpret global consumer protection laws and guidance, develop appropriate compliance approaches, assess and manage enforcement risk, and anticipate future developments. Our market-leading Consumer Protection Defence practice also means that we have unparalleled insight into how regulators approach enforcement, so we can help you manage any enforcement action that does arise.

What consumer protection compliance issues can we help you with?

CMS can advise you on a wide range of consumer protection law compliance issues, including:

• product launches in one or more countries, whether online or offline, including marketplaces;
• in connection with business changes and risks your business is facing (for example, when increasing the price of a subscription, or taking steps to manage customer returns fraud);
• advertising and marketing, including in relation to green claims and influencers;
• your business’ customer journeys (including in relation to concerns about harmful online choice architecture);
• concerns surrounding online safety;
• preparing and updating terms and conditions and communications;
• your business’ compliance with legislation relating to customer reviews, pricing, returns and repairability;
• enforcement risk that your business may face in relation to potential breaches of consumer protection laws, and practical risk mitigations;
• how future legislation and guidance may affect your business, including horizon scanning and in connection with consultations and public policy.

Recent highlights for the Consumer Protection Compliance team include advising:

•  A global entertainment platform on an extensive range of international consumer protection matters, including advice on the UK Digital Markets, Competition and Consumers 2024 (DMCC Act), the implementation of the EU’s Digital Services Act and the UK’s Online Safety Act, harmful online choice architecture, pricing transparency and promotions, returns, transparency of advertising and online reviews.
• A leading manufacturer of household/kitchen appliances on all aspects of consumer law, including pricing and promotions, customer terms and other collateral, advertising and marketing and related performance claims.
• A technology platform for local delivery services on its advertising and promotion strategy, loyalty schemes and consumer terms.
• A well-known UK e-commerce website which sells fashion items around the world on a variety of consumer law matters including pricing, return rights and policies, and online choice architecture.
• A leading marketplace on consumer law compliance, including drip pricing, authenticity guarantees, terms and conditions and other related matters.
• A major international online retailer and technology giant in relation to a wide range of global consumer protection law issues, including harmful online choice architecture; pricing; returns; subscription contracts; consumer-facing terms, policies, communications and processes; customer fraud; and in relation to business changes which have a consumer impact.
• A multinational consumer products corporation on its launch of a new service and website, including advice in relation to the DMCC, preparation of a suite of terms and conditions, compliance gap assessments, platform liability and related matters.
• A global streaming platform which offers subscription contracts in relation to consumer protection law compliance, including in relation to the applicable terms and conditions, the online sign-up flow and changes affecting subscribers (such as price increases and the introduction of a lower priced ad-supported tier).
• Multiple large online platforms on their implementation of the Online Safety Act.
• A well-known platform which permits consumer-to-consumer sales on the DMCC Act, including in relation to reviews, drip-pricing and the applicability of various DMCC Act provisions in the context of consumer-to-consumer sales.