Consumer Protection Legislation and Trading Standards Representation

If you or your business are the subject of an investigation by Trading Standards regarding any consumer protection legislation matter, the specialist Trading Standards solicitors at JMW can help. We have the experience and expertise to successfully represent and defend you against any allegations, and a strong track record of success in supporting clients through Trading Standards investigations.

Should you or your business be involved in a Trading Standards investigation after being accused of wrongdoing in relation to any aspect of consumer protection, contact the expert trading standards lawyers at JMW to find out how we can help.

Call us on 0345 872 6666 or leave your details via our online enquiry form and we will get back to you.

How JMW Can Help

At JMW, we provide a range of services to any business facing allegations of poor practice concerning consumer protection. For example, we are able to represent your interests by attending meetings and interviews, preparing written statements on your behalf and negotiating with the regulator to help to prevent issues from escalating to civil or criminal proceedings.

We have extensive knowledge of all relevant legislation in this area, including the Consumer Protection from Unfair Trading Regulations 2008. These regulations cover the following sections:

• A ban on unfair commercial practices
• A ban on misleading or aggressive practices
• A commercial practices 'blacklist' detailing the unfair practices that are prohibited

If you have been accused of being unfair, misleading or aggressive with your commercial practices, our team can help. We understand that not all businesses accused of such behaviour are guilty of it. Persons under suspicion within an organisation may be unaware of the practices elsewhere in the organisation or may have become involved unwittingly. We can help you build a robust defence to ensure you are able to secure the right outcome.

What Is the Trading Standards Investigation Process?

A Trading Standards investigation is the first part of a process through which the organisation aims to enforce consumer protection legislation. Any business may be subject to an investigation, particularly if there are suspicions that they have misled consumers, sold unsafe goods, or violated fair trading rules. Trading Standards officers typically follow a formalised regulatory procedure through which it gathers evidence and investigates suspected breaches of consumer law, following which the organisation may pursue a Trading Standards prosecution or other legal action against the company in question.

Investigations usually begin following a consumer complaint, a report from Citizen’s Advice, a tip-off from another enforcement agency, or intelligence gathered by Trading Standards themselves. Direct complaints from members of the public, reports from businesses or competitors and alerts from regulatory bodies or professional organisations can all trigger an investigation. Trading Standards officials will assess the relevant information for credibility and decide whether to proceed.

Before launching a full investigation, Trading Standards may carry out preliminary checks to determine the nature and scale of an alleged breach, a business’s compliance history, and the risks for consumers. This can also inform the organisation of whether other agencies should be involved in a full investigation. Officers may work with a range of other enforcement bodies, including:

• The Competition and Markets Authority
• The Advertising Standards Authority
• The Health and Safety Executive
• The Environment Agency
• Local police forces

Cross-agency coordination can address more complex or widespread breaches.

From there, Trading Standards officers can exercise a range of powers to collect evidence if they decide a full investigation is needed to protect consumers. They can:

• Visit the business' premises (with or without notice)
• Carry out test purchases to see how the business operates in practice
• Request documentation and records under the powers provided by the Consumer Rights Act 2015 and other legislation
• Interview employees or directors, potentially under caution (in line with the Police and Criminal Evidence Act 1984, or PACE)
• Seize goods or documents

A business subject to investigation should seek legal advice and representation at the earliest opportunity if it is subject to an investigation. Specialist advice early in the process can help to protect your business' reputation and, if necessary, enable you to mount a defence from the outset. JMW can oversee any evidence gathering by Trading Standards officers and uphold your rights throughout. Further, if you are invited to an initial interview, it is vital to have a solicitor represent you and offer practical advice to help you comply.

Once Trading Standards has collected evidence, it will evaluate the strength of the evidence and whether there is public interest in pursuing formal enforcement action. At this stage, officials may decide to take no further action or issue a written warning if the evidence does not reach the threshold for prosecution or does not constitute a breach of the relevant provisions. Otherwise, Trading Standards can impose a range of penalties by administrative notice or by pursuing proceedings in court.

What Are the Penalties for Breaking Trading Standards Regulations?

There are several potential outcomes of a Trading Standards investigation, which range from the organisation taking no further action to the launch of a court process that can result in confiscation proceedings or a custodial sentence for individuals involved. The consequences you could face if you are found to have violated consumer law include:

• Written warnings, informal guidance or advice, particularly for minor or first-time breaches.
• A statutory notice (such as an improvement notice) which requires the business to rectify problems within a specified period or face enforcement action.
• Civil enforcement, such as an injunction or enforcement order through the civil courts.
• Criminal prosecution for serious breaches, especially those involving fraud, safety risks, or repeated offences. Convictions can result in fines, imprisonment, or the disqualification of company directors.
• Alternative disposals such as formal cautions or acceptance of undertakings (in cases involving unfair commercial practices).

After the investigation, Trading Standards may continue to monitor your business to check for repeat offences or compliance with any enforcement action. In some cases, follow-up visits or additional audits may be scheduled. In this way, the consequences of a breach can be long-lasting and far-reaching.

Why Choose JMW?

Our Trading Standards team has forged a reputation as one of the very best in the North West and we have a wealth of experience helping businesses and individuals to successfully challenge Trading Standards investigations concerning all manner of issues, including consumer protection.

We offer a free initial consultation on every Trading Standards case brought to us and we have detailed knowledge about all aspects of consumer protection legislation, including:

• Faulty goods
• Counterfeit goods
• Poor service
• Misleading through advertising
• Issues with contracts

We know and appreciate how challenging and damaging it can be to find yourself the target of allegations that you deem unfair or unjustified. It is important to defend against such allegations correctly and efficiently.