- The Consumer Rights Act 2015 protects consumers against unfair terms in contracts, including broadband.
- A term may be unfair if, contrary to good faith, it creates a significant imbalance in the parties' rights to the consumer's detriment.
- An unfair term is generally not binding on the consumer, even if it is in the signed contract.
- Unfair terms can be raised with the provider and reported to Trading Standards or the CMA.
Signing a broadband contract does not mean every term in it is enforceable. The Consumer Rights Act 2015 protects consumers against unfair terms, and a term that is unfair generally cannot be held against you, even though you signed up to it. Knowing this gives you a basis to push back against terms that are weighted unreasonably in the provider's favour.
What the Consumer Rights Act covers
Part of the Consumer Rights Act 2015 deals specifically with unfair terms in consumer contracts. It applies across consumer contracts, including broadband, and provides that terms which are unfair are not binding on the consumer. The Act also requires terms to be transparent and prominent, so that important obligations are not hidden in dense small print.
What makes a term unfair
The core test is whether a term, contrary to the requirement of good faith, creates a significant imbalance in the parties' rights and obligations to the detriment of the consumer. A term that gives the provider sweeping rights while leaving the consumer little recourse, or that imposes a disproportionate charge, can fall foul of this. Certain core terms, such as the main price clearly stated, are treated differently, but peripheral terms weighted unreasonably against you are open to challenge.
Challenging an unfair term
If you believe a term is unfair, you can raise it with the provider, pointing to the imbalance and stating that you consider the term unenforceable under the Consumer Rights Act. Keep the exchange in writing. Because an unfair term is generally not binding, you may be entitled to disregard it, though where there is a dispute about whether a term is unfair, it can ultimately be a matter for the courts.
Examples of potentially unfair terms
| Type of term | Why it may be challenged |
|---|---|
| Disproportionate charges | Penalty out of line with actual loss |
| One-sided rights for the provider | Significant imbalance against the consumer |
| Hidden or unclear terms | Lack of transparency and prominence |
| Unreasonable restrictions on the consumer | Detriment contrary to good faith |
Where to report it
Beyond raising it with the provider, you can report unfair contract terms to Trading Standards, and the Competition and Markets Authority has a role in unfair-terms enforcement. These bodies look at patterns and can act where a term is used unfairly across many consumers. For your individual dispute, the provider's complaints process and then the ombudsman remain your direct route to a remedy.
Frequently asked questions
What is an unfair contract term in broadband?
It is a term that, contrary to good faith, creates a significant imbalance in the parties' rights and obligations to the consumer's detriment. Under the Consumer Rights Act 2015, such a term is generally not binding on the consumer, even if it is in the signed contract.
Can I challenge a broadband contract term I think is unfair?
Yes. You can raise it with the provider, pointing to the imbalance and stating that you consider the term unenforceable under the Consumer Rights Act 2015. Keep it in writing. Where there is a dispute about whether a term is unfair, it can ultimately be a matter for the courts.
What is the Consumer Rights Act 2015?
It is the legislation consolidating key consumer protections, including provisions on unfair terms in consumer contracts. It provides that unfair terms are not binding on consumers and requires terms to be transparent and prominent rather than hidden in small print.
What makes a broadband contract term unfair?
The core test is whether the term, contrary to good faith, creates a significant imbalance in rights and obligations to the consumer's detriment, for example a disproportionate charge or one-sided rights for the provider. Clearly stated core terms like the main price are treated differently.
Where do I report an unfair broadband contract?
You can raise it with the provider, report it to Trading Standards, and the Competition and Markets Authority has a role in unfair-terms enforcement. For your individual remedy, use the provider's complaints process and then the ombudsman if it is unresolved.
