Contracting with Consumers – Why Process Is Critical

When it comes to consumer law, the process of entering into a contract is just as important as the contract itself. Businesses are under a legal obligation to provide specific information to consumers before any agreement is formed, and this requirement is both strict and highly prescriptive. It is not something that can be fixed after the fact if it is missed.

This pre-contract information must be provided clearly, at the right time, and in a way that the consumer can easily access and understand. It typically includes details about the product or service being offered, the total price, the duration of the agreement, and any key terms that may affect the consumer’s decision. One of the most important elements is the requirement to inform consumers of their cancellation rights and explain how those rights can be exercised.

Failure to follow these rules can have significant consequences. For example, if cancellation rights are not properly communicated, the period during which a consumer can cancel may be extended, sometimes well beyond what the business expects. This can create operational challenges as well as financial exposure.

This area is particularly relevant for businesses operating online or using automated sales processes. It is not enough to have the right information somewhere on your website; consumer law focuses on whether that information is provided at the correct stage of the customer journey and in a sufficiently clear and prominent way. As a result, businesses need to think beyond their terms and conditions and consider how their entire sales process operates in practice.

Taking a step back and reviewing the full customer journey from initial engagement through to contract formation can often reveal gaps that are not immediately obvious but carry real risk.

We can audit your customer journey and contracting process to ensure you’re meeting your obligations at every stage.