It's February already, and we're not far now from the first anniversary of the CMA receiving its supercharged consumer law enforcement powers.
As you will know by now, these powers mean that the CMA can now determine breaches of consumer law itself (without going to court) and levy significant fines on businesses for non-compliance.
We set out below how the CMA has used its bolstered powers in the first 9 months, and where we expect the CMA's enforcement attention to move to next.
Price transparency and urgency claims - cases and letters
We waited until November 2025 to get the news that the CMA had opened 8 investigations with its new powers, looking into price transparency and pressure selling across various sectors, including secondary tickets, driving lessons and home appliances. The fact of 8 cases being opened simultaneously, we think, was a clear signal from the CMA that it, and its new powers, should be taken seriously.
At the same time, the CMA sent 100 "advisory" letters to businesses across 14 sectors urging them to review their practices or risk CMA action. The CMA also issued a second round of guidance on price transparency, dealing with issues such as the presentation of mandatory delivery charges during consumer purchasing journeys.
The 8 cases the CMA opened cover the transparency of mandatory booking fees, not delivery charges, leaving the presentation of delivery charges an area we'd expect the CMA to move onto in the near future. So, if delivery charges form a mandatory part of the price you charge for your products or services, now is the time to audit your pricing practices and make sure you're not in the CMA's firing line.
Marking everyone's homework
The CMA has recently issued its own appraisal of its work under the new powers and, as part of this, says it has received a "positive" response from businesses to the "advisory" letters it has issued. This means that if you received such a letter in November about the transparency of your prices or your use of countdown timers, then it would be wise to revise your consumer journeys, if you've not already done so. Otherwise, you are likely to stand out when the CMA inevitably circles back in due course and checks for compliance.
Fake and misleading reviews - latest
Earlier last year, the CMA also issued "advisory" letters to 54 businesses setting out compliance concerns with the new banned practice regarding fake and misleading consumer reviews. This new banned practice places positive obligations on businesses that publish consumer reviews to take proactive steps to prevent the reviews being fake or misleading. The CMA's latest communication says that its work on compliance with the new banned practice "continues apace" and that we can "expect further action." This indicates that new cases on this might be opened soon.
The CMA has previously said that one way it checks for compliance is by sweeping business websites looking for a fake and misleading reviews prevention and removal policy, which is required under the new law. So, if your business has not already published one of these, then it's one for your to-do list, sooner rather than later.
Looking ahead
Last week, we blogged about the CMA's draft annual plan for 2026/2027. This reinforces the CMA's commitment to embedding its new enforcement regime and doubling down on its key priority areas, which include price transparency, banned practices and unfair terms. In support of the latter, the CMA recently issued a consultation on a "refresh" to its long-established guidance on unfair terms and has indicated that an area for future enforcement focus might be terms that impose unfair exit charges on consumers.
Opting out?
Finally, the changes to subscription rules are now expected to come into force in Autumn this year. The delay to this timing was to give businesses time to implement the necessary changes. We are still waiting for the Department of Business and Trade's response to its consultation, which closed in February last year, on some of the finer mechanics of the regime to be specified in secondary legislation. However, the headline requirements are already set out in the Digital Markets Competition and Consumers Act 2024.
This means that businesses with subscriptions can plan and develop the necessary changes to their terms and conditions, pre-contract information and the notices they will have to send to their customers. As adherence to the new rules will likely be added to the CMA compliance sweeps in due course, taking steps now to comply will put businesses on the front foot.
Keeping one step ahead
We'll keep our updates coming as and when new developments land. In the meantime, don't hesitate to contact us with any questions or visit our Consumer Law Hub for more information.
