Part 3: Enforcement of consumer protection law Chapter 8: Interpretation of Part Section 221: Enhanced consumer measures
This section defines three types of enhanced consumer measures, referred to as "redress", "compliance" and "choice" measures. It substantively replicates the definitions in section 219A of the Enterprise Act 2002. Enhanced consumer measures may be required under:
(Court- based regime (Chapter 3))
an enforcement order made by the court (see section 157(1));
an undertaking accepted by the court (see section 157(1));
undertakings accepted by enforcers (see section 164(1) but note section 177 relating to private designated enforcers and enhanced consumer measures);
(CMA direct enforcement regime (Chapter 4))
as a direction in a final infringement notice (see section 183(1)));
an undertaking accepted by the CMA (see section 185(3))
	Subsection (2) describes redress measures, which include offering compensation or other redress to affected consumers. Subsection (5) explains that affected consumers are not limited to those consumers who have suffered loss as a result of the infringing practice (that is conduct that has given rise to the undertaking, notice or court order in question) but also covers consumers who have been otherwise affected. This may include non-financial losses or instances of distress or inconvenience.
	Where the infringing practice relates to a contract, subsection (2), paragraph (b) states that measures in the redress category can include giving consumers the option to terminate that contract. Subsection (2), paragraph (c) allows for measures intended to be in the collective interests of consumers in cases where affected consumers cannot be identified or doing so would require a disproportionate cost to those giving the undertaking or to those against whom an order or notice is made. Measures in these circumstances could include, for example, the business making an appropriate charitable donation (where that charity acts in the interests of consumers). Subsection (2), paragraph (c) only applies in the circumstances outlined above. It does not apply in circumstances where affected consumers have been identified and choose to decline the redress offered. Consumers retain the right to refuse offers of redress, whether in an order, notice or undertaking, and instead take their own civil action against the person that has caused them detriment.
	Subsections (3) and (4) describe compliance and choice measures. Compliance measures are intended to increase business compliance with the law and to reduce the likelihood of further breaches.
	Compliance measures might include the person subject to the order, undertaking or notice:
appointing a compliance officer;
introducing a complaints handling process;
improving their record keeping; or
signing up to an established customer review / feedback site.
	Choice measures help consumers obtain relevant information to enable them to make better purchasing decisions.