Mis‑Sold Products and the Consumer Protection Act 1987

Understanding your rights when a product is mis‑sold or defective is an important part of consumer law in England and Wales. Mis‑selling and product defects can lead to financial loss, injury or other harm. This article explains how the Consumer Protection Act 1987 (CPA) operates alongside broader consumer protection laws to safeguard buyers and provide routes for compensation, including what rights you have, how to make a claim, time limits and practical steps to take if you think you have been mis‑sold a product.

Mis‑Sold Products and Consumer Protection

When a product you buy is unsafe, defective or simply not as you were led to expect, UK consumer law may entitle you to a remedy. Mis‑selling broadly refers to the sale of a product in a misleading or unfair way - for example, through inaccurate descriptions, hidden features or aggressive pressure selling - that causes the consumer to buy something they would not otherwise have chosen. Although there isn't a specific legal definition of mis‑selling in UK statute, the concept is recognised in consumer advice and case law as conduct that can attract redress through complaints or legal claims.

The Consumer Protection Act 1987 sets out the legal framework for product liability - the circumstances in which a producer, importer or other distributor can be held liable for harm caused by a defective product. It complements other statutes such as the Consumer Rights Act 2015 and the Consumer Protection from Unfair Trading Regulations 2008 by focusing on defect‑related damage rather than contractual obligations.

What the Consumer Protection Act 1987 Covers

Strict Liability for Defective Products

Under Part I of the Consumer Protection Act 1987, liability for harm caused by a defective product is generally strict. This means that a claimant does not need to prove negligence on the part of the producer or seller; it is enough to show:

• the product was defective,
• the defect caused damage, and
• the claimant suffered that damage.

“Product” is defined broadly to include most goods and supplied electricity. Certain exclusions apply, such as land and buildings, and pure economic loss (loss of expected profit) is generally excluded under the CPA.

Defects and Consumer Expectations

A product is defective if its safety is not at the level which people generally are entitled to expect, taking account of relevant circumstances such as how the product was marketed, its packaging, instructions or warnings, and how it was reasonably intended to be used.

This standard looks at safety rather than contractual quality or fitness for purpose - those arise under contract law and the Consumer Rights Act 2015, which remain separate and complementary rights available to consumers.

Types of Harm Covered

Under the CPA, a claimant can seek compensation for:

• death or personal injury caused by a product defect,
• damage to property (e.g. your home contents) caused by a defective product, so long as the property is typically intended for private use and the damage exceeds £275.

Damage to the product itself, and pure financial loss or business losses, are generally not recoverable under the Act.

Mis‑Selling and Defective Products

While mis‑selling often involves misleading marketing or sales practices, it intersects with product liability when the product fails to meet a consumer's reasonable expectations of safety and description. Mis‑sold products might be defective, unsafe, poorly described or unsuitable, and consumer law can offer multiple avenues for redress:

Unfair Trading and Misleading Practices

Under other parts of UK consumer law such as the Consumer Protection from Unfair Trading Regulations 2008, businesses must not mislead consumers or omit material information that would affect buying decisions. Practices such as presenting false information, hiding important details, or exerting undue pressure can be unlawful and support a claim or complaint.

Consumer Rights Act 2015

Separately, the Consumer Rights Act 2015 provides that goods must be:

• as described,
• of satisfactory quality, and
• fit for purpose.

If a product is mis‑described or fails these standards, you generally have rights to repair, replacement or refund, without needing to show negligence. This may be a more accessible route than a CPA claim for many consumers.

Who Can Make a Claim?

Under the CPA:

• anyone who suffers damage as a result of a defective product can bring a claim - not just the original purchaser. This includes users or bystanders who suffer harm.

For property damage, the rules are narrower: typically only owners or occupiers of private property can claim, and business property is excluded.

Making a Claim: Step‑by‑Step

Step 1 - Gather Evidence

You should preserve the defective product and collect:

• the purchase receipt or order confirmation,
• any marketing materials or descriptions,
• correspondence with the seller,
• photographs of the defect, and
• evidence of loss (repair bills, medical records).

Clear evidence helps prove both defect and damage.

Step 2 - Complain to the Seller or Producer

Begin by complaining in writing to the seller or producer. Outline the defect, how it led to damage or risk, and what remedy you seek (repair, replacement, refund, compensation). Under consumer rights law, many sellers have formal complaints procedures and timescales they must follow.

Step 3 - Consider Alternative Routes

If the seller is uncooperative:

• For goods not meeting contractual expectations, you can enforce rights under the Consumer Rights Act 2015.
• For aggressive, misleading or unfair selling practices, you may report the trader to regulators such as the Competition and Markets Authority or Trading Standards.
• For defective products causing damage that meets the CPA criteria, you may initiate a civil claim in the appropriate court. Legal advice can help assess whether the CPA or contract law offers the stronger route.

Time Limits and Claims

Under the CPA, you must bring a claim within three years from when the damage occurred or when you became aware of it. There is an absolute limit of ten years after the product was supplied into circulation, after which no claim can be brought.

Under contract law, different time limits apply (usually six years for breach of contract), so understanding which claim you are pursuing is important.

Risks and Practical Considerations

Burden of Proof

Even with strict liability under the CPA, you still need to show:

• the product was defective under the CPA standard, and
• this defect caused damage.

For mis‑selling based on misleading information, proving the link between the misrepresentation and your loss is essential, and may involve different evidence.

Costs

If you bring a court claim and lose, you may be liable for costs (both your own and the other party's). It is important to assess whether potential compensation outweighs risks and expenses.

Key Takeaways

• The Consumer Protection Act 1987 gives consumers a legal right to compensation for damage or injury caused by defective products under a strict liability regime.
• Mis‑selling of products can intersect with CPA claims where defects and harm arise, but it can also be addressed through other consumer rights laws, such as the Consumer Rights Act 2015 and unfair commercial practice regulations.
• Consumers have multiple routes to seek redress, including complaints to sellers, enforcement by trading standards, or civil claims for defect‑related damage.
• Claimants must be mindful of different time limits and evidential requirements for each type of claim.

Understanding these rights and processes can help you navigate the legal landscape if you think you have been mis‑sold a product or harmed by a defective one.