The Competition and Markets Authority (CMA) has launched a consultation gathering views on proposed updated guidance on the unfair contract terms provisions in the Consumer Rights Act 2015 (CRA).

Before organisations fear that they have missed an important change in the law or a recently-decided landmark case in this area, the CMA is quick to point out that it has largely not revised its interpretation of the legislation. Instead, the changes are largely cosmetic and intended to make the guidance more user-friendly.

Despite being significantly shorter, the new guidance continues to provide detailed advice for organisations on the various provisions of the CRA, breaking down how the Act operates and explaining its key concepts. Where it seeks to improve the previous version, for example, is to simplify language, update references to relevant case law, and reorganise certain content. For example, the section on potentially unfair terms now sets out (a) how a particular type of term could be unfair; (b) how a particular type of term could be used fairly; and (c) examples of terms that are unlikely to be fair and more likely to be fair. It also now includes even more illustrative examples so that organisations can better gauge whether their tems and notices are likely to comply with the law.

The revised guidance also reflects changes brought about by the Digital Markets, Competition and Consumers Act 2024. For example, an accompanying technical note outlines how the new rules on subscription traps and unfair commercial practice may relate to – or overlap with – the law on unfair contract terms.

As the consultation document explains, the new guidance ultimately intends to strike the right balance between providing a comprehensive explanation of the legal provisions in the CRA and remaining sufficiently accessible for non-technical readers. The CMA invites consultees to give their view on whether that balance has been successfully achieved, as well as on whether any other matters ought to be included in the new guidance.

The consultation closes on 19 March 2026, and can be found here.