Aim to protect consumers against unfair standard terms in standard term contracts.
Definition
Excerpt
(1) Without prejudice to regulation 12, the unfairness of a contractual term shall be assessed, taking into account the nature of the goods or services for which the contract was concluded and by referring, at the time of conclusion of the contract, to all the circumstances attending the conclusion of the contract and to all the other terms of the contract or of another contract on which it is dependent.
(2) In so far as it is in plain intelligible language, the assessment of fairness of a term shall not relate–
(a) to the definition of the main subject matter of the contract, or
(b) to the adequacy of the price or remuneration, as against the goods or services supplied in exchange.
Related cases
Adaptive Affinity was held liable as its consumers were being signed up to online credit score and discount reward membership schemes and being charged a monthly subscription fee for each service.
Related deceptive patterns
The user is misled into believing a product is more popular or credible than it really is, because they were shown fake reviews, testimonials, or activity messages.
The user struggles to compare products because features and prices are combined in a complex manner, or because essential information is hard to find.
The user is drawn into a transaction on false pretences, because pertinent information is hidden or delayed from being presented to them.
The user is unknowingly enrolled in a recurring subscription or payment plan without clear disclosure or their explicit consent.