Information on consumer protection powers under Unfair Trading Regulations 2008 - March 2022

Subject matter: Consumer Protection from Unfair Trading Regulations 2008

Business area or division: Enforcement

Dates: 2017 to 2021

For each calendar year from 2017 to 2021 inclusive:

1. In how many cases has the FCA exercised its powers under the Consumer Protection from Unfair Trading Regulations 2008?
2. How many of these concerned “misleading actions” and how many concerned “misleading omissions”?
3. How many cases have gone to court?
4. How many have been settled without recourse to the courts?
5. What sanctions has it imposed on individual firms found to be in breach?

We can confirm that we have no cases where the FCA has exercised its powers under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs).

This is because the powers under the CPRs are in respect of criminal prosecutions.  These powers are held by Trading Standards[1] and the Competition & Markets Authority (CMA)[2], and not by the FCA.

By way of context, the FCA does have powers to enforce breaches of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) under Part 8 of the Enterprise Act 2002 (Part 8 EA).  These powers, however, are civil rather than criminal (see EG 19.10[3] in the FCA Handbook for more information).