The Competition and Markets Authority (CMA) is consulting on draft guidance on Unfair Contract Terms. This guidance will replace the unfair contract terms guidance originally issued by the Office of Fair Trading (OFT), OFT311, in 2001 (and reissued in 2008) which was adopted by the CMA in 2014. The purpose of the guidance is to set out the CMA’s understanding of the Consumer Rights Act, (currently the Consumer Rights Bill, subject to Parliamentary debate) so far as it deals with unfair contract terms and notices.
The consultation paper can be accessed here. The consultation will run for nine weeks to 30 March 2015.
The existing guidance documents on Unfair Contract Terms can be accessed on the CMA’s webpages. These guidance documents will stay in place until the new law being introduced by the Consumer Rights Act comes into force.