The Consumer Rights Act 2022 came into force on 29 November 2022.
The Act transposes the EU Better Enforcement and Modernisation Directive into Irish law. This Act has brought about significant changes for consumers and introduced stronger consumer rights and protections as well as appropriate remedies, should there be breaches in the legislation.
One of the main areas that the Act has changed is regarding unfair terms that have been inserted into contracts by potential sellers/traders.
A term in a contract with a consumer is deemed unfair if it is found that the term which has not been individually negotiated is contrary to the requirement of good faith and causes a significant imbalance in the parties’ rights and obligations arising under the contract to the detriment of the consumer.
Such examples of contractual terms that are deemed unfair are the following:
- Clauses that exclude or limit the liability of a trader for the death of a personal injury to a consumer arising from an act or omission of the trader.
- To require a consumer to pay for goods that have not been delivered.
- To exclude or hinder a consumer’s right to take legal action.