| TL;DR: The Competition and Markets Authority (CMA) has fined Marks Electrical £720,000 and ordered approximately £600,000 in refunds to nearly 40,000 customers. The Leicester-based online appliance retailer was found to have pre-selected optional paid services - including appliance recycling - at the checkout without customers' express agreement, breaching UK consumer law. Affected customers will be contacted directly and do not need to take action. |
Last reviewed: 19 June 2026
CMA uses new consumer enforcement powers under the Digital Markets, Competition and Consumers Act 2024 to fine Marks Electrical and secure refunds for 40,000 shoppers.
What the CMA found
The Competition and Markets Authority investigated Marks Electrical's online checkout practices covering the period from April 2025 to November 2025. The CMA found that the retailer had pre-selected and automatically added two optional paid services to customers' orders when they purchased household appliances including washing machines, dishwashers and cookers.
The services in question were a "Recycle Old Appliance" option and an "Unwrap and Recycle Packaging" option. Customers were signed up to one or both without giving express consent, meaning they were charged without actively choosing to add the service.
The penalty and refunds
The CMA issued a Final Infringement Notice imposing a financial penalty of £1.2 million, which was reduced to £720,000 after applying the maximum settlement discount following what the regulator described as constructive engagement from Marks Electrical. The company also ceased the conduct immediately after the CMA opened its investigation.
In addition to the fine, Marks Electrical has been ordered to refund approximately £600,000 to affected customers, representing an average of around £15 per person across nearly 40,000 shoppers. Refunds will be processed using the original payment method, with cheques issued where necessary. Affected customers do not need to contact the company.
The legal basis
The action is one of the first to use the CMA's new direct enforcement powers under the Digital Markets, Competition and Consumers Act 2024, which came into force in April 2025. Under UK consumer law, businesses cannot use pre-ticked boxes, default selections or other forms of automatic opt-in for optional paid extras. Customers must actively choose to purchase additional services.
Emma Cochrane, CMA executive director of consumer protection, said that automatically opting customers into extra charges is never acceptable, and warned that the regulator would continue to issue penalties and secure refunds where consumer rights are breached.
What this means for online shoppers
The case is a reminder to check order summaries carefully at online checkouts before completing a purchase, particularly for big-ticket items such as white goods. Pre-selected add-ons for delivery, installation, recycling or extended warranty services are common across multiple retail sectors.
Under the DMCC Act 2024, consumers have the right to a genuine choice over any paid extra. If a retailer has used a default opt-in and a consumer did not notice, they may be entitled to a refund.
Frequently asked questions
Are Marks Electrical customers affected by this automatically contacted?
Yes. The CMA has confirmed that Marks Electrical will contact affected customers directly using their existing payment details. Customers do not need to make a claim.
Is pre-ticking add-ons at checkout legal in the UK?
No. Under UK consumer law, businesses must not use pre-ticked boxes or automatic opt-ins for optional paid extras. Consumers must actively choose to add and pay for any additional service.
What is the Digital Markets, Competition and Consumers Act 2024?
The DMCC Act 2024 gave the CMA direct enforcement powers in consumer protection cases from April 2025, removing the need to take cases through the courts in all circumstances. The Marks Electrical case is among the first uses of these powers.
