7 Conclusion
312. The draft Bill is the key element of the Government's
ambitious policy to reform UK consumer law. Along with the wider
reforms, the draft Bill has the potential to consolidate, simplify
and modernise consumer law with resultant advantages for consumers,
businesses, their representatives and advisers, and enforcers.
313. Subject to the acceptance and implementation
of the recommendations in this Report, consumers and businesses
should benefit from greater clarity and certainty around the statutory
rights and remedies that the draft Bill would apply to goods,
digital content and services. The draft Bill provides a rare opportunity
for the Government to align the liability standards that apply
across goods, digital content and services, and we urge the Government
to reconsider the evidence and grasp the opportunity to bridge
the gap between consumer expectation and existing protection.
314. Our recommendations on unfair terms provide
an opportunity for the Government to return to the principles
of unfair contract terms legislation. If amended as we suggest,
the draft Bill would address existing gaps in consumer protection
and provide increased certainty and therefore confidence to businesses
as well as consumers.
315. With the amendments that we recommend, the investigatory
powers of consumer law enforcers should allow enforcers to continue
their important role in protecting businesses and communities
while offering greater clarity and certainty in relation to those
powers. The measures will also reduce the regulatory burdens on
businesses.
316. We welcome the proposed introduction of enhanced
consumer measures in response to identified consumer detriment
and inadequate access to redress. We recommend that private enforcers,
subject to appropriate safeguards, should be able to use these
mechanisms to improve consumer protection and business compliance,
at a time of decreasing budgets.
317. Our recommendations in relation to private actions
in competition law, specifically in relation to opt-out collective
actions and settlements, are primarily aimed at ensuring that
the draft Bill engages robustly with the realities of litigation,
in particular in relation to costs and procedure. This will help
to ensure that the proposed regime is effective and efficient.
318. The scope of the proposed reforms would represent
the most significant overhaul of UK consumer law in decades. The
Government has said that the reforms taken together are estimated
to be worth over £4 billion to the UK economy over 10 years
in quantified net benefits.[487]
A coordinated and targeted campaign, to educate consumers and
businesses about their rights and responsibilities under consumer
law, will be of crucial importance if the Government wishes to
unlock the economic benefits that it has forecast for businesses,
consumers and society.
487 Department for Business, Innovation and Skills
, Government Response, page 5 Back
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