Consumer Rights Act and the Competition & Markets Authority Jon Scott

Competition & Markets Authority Consumer Protection Regulations (2008) - CPRs Consumer Contracts Regulations (2015) – CCRs Unfair Terms (in Consumer Contracts) Regulations (1999) – UTCCRS Consumer Rights Act 2015 Universities are viewed as ‘traders’ and students as ‘consumers’

Consumer Protection Legislation Cover ‘invitations to purchase’ and provision of material information Universities must not: –Advertise goods/services that do not, or may not exist when the student arrives at that point in their course – for example withdrawal of a course or module that was advertised when the student applied. –Omit material information needed for an informed decision: e.g. additional costs or restrictions on student numbers taking a given module –Provide information that is obscure or untimely –Use aggressive sales tactics

Consumer Protection Legislation The University is required to: Provide the information an enquirer needs to make an informed decision i.e. the ‘material information’ : –course structure and the fees/costs (incl. extras). –non-course-related information, e.g. accommodation options –any important and surprising rules and regulations Provide information that is accurate, complete, clear, unambiguous, up front, timely and accessible, e.g. website, prospectus, open days, social media. –this applies whoever provides the information on behalf of the University, irrespective of format, i.e. written, digital, visual or spoken. This could include, for example, a member of staff or a student ambassador talking to an applicant at an open day, or it could be something put out on social media Provide information about how to complain

Consumer Contracts Regulations An admissions offer is an offer of a contract: Description of the course title being offered and whether the award is accredited Duration of the programme Core modules for the course and indication of likely optional modules and when they will be delivered (especially if not every year) Clarity around what might change Composition of the course and how it will be delivered Total price of the programme including: –Tuition fees –Any extra costs e.g. field trips, equipment, books, printing costs etc. –Whether these costs are mandatory or optional and when they fall due How to complain Right to cancel up to 14 days after accepting the offer

Consumer Rights Must be clear about what might change & why May need to gain consent or reimburse students affected by significant changes Must be a single source of information, properly signed off: e.g. link to central source rather than host programme information on dept’l pages If possible remove all legacy on-line material Social media: must be a clear distinction between personal and institutional accounts and statements