The proposals would allow remedies aimed at achieving one or more of three outcomes:
increased business compliance with the law
improved redress for consumers affected by the breach
more confident consumers who are empowered to exercise greater consumer choice
The consultation considers whether implementation of the Regulatory Enforcement and Sanctions Act 2008 or introducing new remedies under Part 8 of the Enterprise Act 2002 would be most appropriate. Part 8 currently allows for court-based Enforcement Orders which can be used to stop a business behaving in a particular way.
The proposals in this consultation form part of a proposed wider reform of consumer law, intended to simplify and clarify consumer law to reduce business compliance costs and empower consumers. Implementation of the proposals would require primary legislation, which we propose to do via a proposed Consumer Bill of Rights.