The Competition and Markets Authority (CMA) has published refreshed compliance guidance for businesses providing unregulated legal services, including will writing, online divorce services and pre-paid probate services.
The guidance is intended to help businesses understand how consumer protection law applies to unregulated legal services, and what the CMA expects from providers when dealing with consumers.
Who is the guidance for?
The guidance applies to businesses offering legal services that are not regulated by a legal services regulator. This includes, but is not limited to:
- will writing services
- online divorce services
- pre-paid probate and estate administration services
These services are still subject to consumer protection law, even though they are not professionally regulated.
What does the guidance cover?
The guidance sets out how consumer protection law applies across the customer journey, from advertising and marketing through to contract terms and after-sales practices. It explains businesses’ obligations in a clear, practical way and includes:
- Key consumer law requirements, including obligations not to mislead consumers and to treat them fairly
- “Dos and don’ts” checklists to help businesses understand compliant and non-compliant practices
- Case study examples illustrating common types of consumer harm and how breaches of the law can arise in practice
The guidance focuses in particular on areas where consumers may be vulnerable or where services are complex, long-term or paid for in advance.
What has changed in the refreshed guidance?
The CMA has updated the guidance to reflect recent developments in consumer protection law and to improve usability.
Reflecting legislative change
The guidance now reflects changes to consumer protection law introduced by the Digital Markets, Competition and Consumers Act 2024, ensuring businesses are aware of the current legal framework and enforcement powers.
Improved structure and accessibility
The guidance has been restructured to make it easier for businesses to follow. Content has been reorganised to better reflect the consumer journey and to help businesses quickly identify relevant obligations and risks.
What should businesses do now?
Businesses providing unregulated legal services should review the refreshed guidance and assess whether their practices comply with consumer protection law. In particular, they should consider:
- whether their advertising and pricing information is clear, accurate and not misleading
- whether key information is provided to consumers at the right time
- whether contract terms are fair and transparent
- how they handle cancellations, complaints and refunds
The CMA expects businesses to take proactive steps to ensure compliance and to address any practices that could risk consumer harm.
Further information
The full guidance is available on GOV.UK: Unregulated legal services: complying with consumer law – GOV.UK
