I propose to take Questions Nos. 445 and 453 together.
In response to the Deputy’s question, traders may apply pricing structures that include additional charges or surcharges, subject to consumer protection law.
In general, traders are permitted to increase the price of a service during the course of a contract, provided that this is clearly set out in the terms and conditions agreed with the consumer at the outset. Any such price increases must be implemented in compliance with consumer protection legislation, including the Consumer Rights Act 2022 and the Consumer Protection Act 2007. In particular, consumers must be provided, prior to entering into a contract, with clear information on the total price or the manner in which the price may be calculated, including the basis for any future changes.
The Consumer Rights Act 2022 further provides that contract terms must be fair, transparent and clearly brought to the consumer’s attention. Terms which allow a trader to unilaterally increase prices without a valid reason set out in the contract, or without providing an appropriate right for the consumer to exit the contract, may be considered unfair under the Consumer Rights Act 2022.
It's important to also note that waste collection operators are subject to specific requirements under regulations made pursuant to the Waste Management Act 1996, which oblige them to clearly communicate their charges and terms and conditions to customers at the point of sign-up.
The Consumer Protection Act 2007 requires that traders do not mislead consumers in relation to pricing or the manner in which prices are calculated. Where additional charges are applied, these must be presented in a clear and transparent manner.
My Department is in regular contact with the Competition and Consumer Protection Commission (CCPC), which is responsible for the enforcement of consumer protection law. The CCPC has statutory responsibility for enforcement and may take action where traders fail to comply with requirements relating to pricing transparency, fairness of contract terms, and misleading commercial practices.
While the application of a specific charge, such as a fuel surcharge, will depend on the terms of the contract in question, it should be noted that provisions in the Consumer Protection Act 2007 relating to surcharges apply primarily to charges associated with payment methods.
Any concerns regarding compliance with consumer protection law in individual cases may be referred to the CCPC for consideration.
