英国CMA责令Marks Electrical退还预选附加费
SOURCE / GOV.UK-CMA Updates · CMA orders Marks Electrical to refund customers over pre-selected extra charges
原文
CMA orders Marks Electrical to refund customers over pre-selected extra charges
完整原文
<div class="govspeak"><div class="call-to-action"> <ul> <li>CMA orders around £600,000 to be repaid to customers – an average of £15 per person</li> <li>Marks Electrical also fined £720,000 for breaking consumer law</li> <li>Action is part of the <a href="https://www.gov.uk/government/news/cma-launches-major-consumer-protection-drive-focused-on-online-pricing-practices">CMA’s work to clamp down on illegal online pricing practices</a> </li> </ul> </div> <p>The Competition and Markets Authority (CMA) has found that appliances retailer Marks Electrical pre-selected and charged customers for extra services without their express agreement.</p> <p>This impacted customers that bought a range of essential household items – including washing machines, dishwashers and cookers – through the Marks Electrical website.</p> <p>Those customers were automatically opted into one or both of the following services:</p> <ul> <li>‘Recycle Old Appliance’ service: removing the customer’s old appliance at the time of delivery, which is then recycled</li> <li>‘Unwrap & Recycle Packaging’ service: unwrapping and removing packaging for the newly purchased product or products at the time of delivery, which is then recycled</li> </ul> <p>Under consumer law, consumers must have genuine choice over whether to pay for an extra product or service which they may or may not wish to choose. <a href="https://www.gov.uk/government/publications/getting-consent-for-additional-charges-when-selling-online/getting-consent-for-additional-charges-when-selling-online">Businesses are not allowed to use pre-ticked boxes or other forms of automatic opt-in for optional extras which cost money</a> – as was the case with Marks Electrical. As a result, the CMA has fined the company £720,000 and ordered it to refund around £600,000 in total.</p> <p>The CMA’s investigation looked at conduct from April 2025 – when its new consumer powers came into force – to November 2025. Marks Electrical stopped the conduct immediately <a href="https://www.gov.uk/government/news/cma-launches-major-consumer-protection-drive-focused-on-online-pricing-practices">after the CMA opened an investigation</a> and engaged constructively. Having admitted to breaking the law and agreeing to settle the case early with the CMA, the company received a 40% reduction to its financial penalty, in line with CMA guidance.</p> <p>Affected customers do not need to take any action. Marks Electrical will contact affected customers about their refund, which will be automatically refunded to the method they used to pay for their appliance. If that is not possible, the customer will be sent a cheque. The amount repaid to individuals will vary depending on how much they paid-for extra services, but the average payout will be around £15.</p> <p>Emma Cochrane, Executive Director of Consumer Protection at the CMA, said:</p> <blockquote> <p>The law is absolutely clear that automatically opting customers into extra charges is never ok.</p> <p>Buying a new washing machine, dishwasher or cooker is expensive and people should have the right to decide if they want optional extras – not be landed with costs that they did not agree to.</p> <p class="last-child">All businesses need to check their policy on automatic opt-ins – the bottom line is that they should not be used. If businesses break the law, we’ll continue to issue fines and secure refunds for people.</p> </blockquote> <p>When the CMA’s strengthened consumer powers <a href="https://www.gov.uk/government/news/cma-to-boost-consumer-and-business-confidence-as-new-consumer-protection-regime-comes-into-force">came into force</a>, it committed to tackling unlawful online pricing practices to ensure shoppers were not left out of pocket.</p> <p>Under these new powers, the CMA has so far secured over £1.3 million in refunds for customers and levied fines totaling nearly £5 million.</p> <p>Further details about the investigation can be found on the <a href="https://www.gov.uk/cma-cases/marks-electrical-consumer-protection-enforcement-case">Marks Electrical consumer protection enforcement case page.</a></p> <h2 id="notes-to-editors">Notes to editors</h2> <ol> <li>Opting consumers into making extra payments under a contract without obtaining their express consent is prohibited by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The CMA used its powers under the Digital Markets, Competition and Consumers Act 2024 to take enforcement action and impose the penalty.</li> <li>Marks Electrical is managing all refunds and affected consumers will receive a letter or email. Some refunds have already been paid.</li> <li>The CMA collects payments on behalf of HM Treasury relating to penalties imposed by the CMA. All payments collected are transferred to HMT’s Consolidated Fund.</li> <li>If a business infringes consumer protection law, the CMA can fine it up to 10% of its global turnover (or £300,000 where this is higher than the 10% figure).</li> <li>If a business breaches undertakings or directions given to the CMA, it could face fines of up to 5% of its global turnover – with additional daily penalties for continued non-compliance.</li> <li>All enquiries from journalists should be directed to the CMA press office by email on <a href="mailto:press@cma.gov.uk">press@cma.gov.uk</a> or by phone on 020 3738 6460.</li> </ol> <h2 id="email">Email</h2> <ul> <li>For general public: <a href="mailto:general.enquiries@cma.gov.uk">general.enquiries@cma.gov.uk</a> </li> <li>For media: <a href="mailto:press@cma.gov.uk">press@cma.gov.uk</a> </li> </ul> <h2 id="telephone-numbers">Telephone numbers</h2> <ul> <li>For media: 020 3738 6460</li> <li>For media – out of hours: 020 3738 6878</li> </ul> <h2 id="opening-hours">Opening hours</h2> <p>Monday to Friday, 9am to 5:30pm. On <a href="https://www.gov.uk/bank-holidays">bank holidays</a>, or outside of working hours, media can call the out of hours number or use the media email address above.</p> </div>
归纳
英国竞争与市场管理局（CMA）要求电器零售商Marks Electrical向客户退还因预选附加费产生的费用。CMA调查发现，该公司在结账流程中默认勾选额外服务选项，如延长保修和保险，导致消费者无意中支付了额外费用。该做法涉嫌违反消费者保护法规，CMA已责令Marks Electrical修改网站设置并主动联系受影响的客户进行退款。
点评
默认勾选附加服务构成不公平商业行为，违反消费者保护法规。
法律视角点评
AI 生成 · 人工审核核心关切
默认勾选附加服务构成不公平商业行为，违反消费者保护法规。
实务启示
中国《电子商务法》第19条明确禁止默认搭售，电商平台和商家应自查结账流程。