Average consumer meaning

Domestic Financial Services and Pensions Ombudsman published annual Overview of Complaints On 26 March 2025, the Financial Services and Pensions Ombudsman (FSPO) issued its annual ‘Overview of Complaints’, presenting statistics on complaints received and closed by the FSPO during 2024 throughout the year. In total, 6,185 complaints were lodged in 2024 during that year. A significant contributor to the volume in this period was the number linked to ‘disputed transactions’ in the banking sector. Almost a third of all banking complaints involved conduct grouped as ‘disputed transactions’, a 12% rise in this category since 2023. Conduct cited within this grouping includes fraudulent transactions, unauthorised withdrawals, failure to provide accurate account information, failure to implement security measures and non-receipt of funds. Overall, the banking sector accounted for the largest share of complaints at 55% of all cases (3,404). This represented a reduction in complaints compared with 2023 (3,850). Most banking complaints related to bank accounts (1,787), followed by mortgages (760) and consumer credit (442) respectively. For all complaints that closed...

Easygroup Ltd v Easy Live (Services) Ltd and others [2024] EWHC 2282 (Ch) What are the practical implications of this case? The practical impact of this ruling centres on whether a likelihood of confusion arises even where the signs are similar and the services are identical or akin. Here, the outcome hinged on the notion that the notional average consumer, on encountering a trader using a sign including the word ‘easy’, would not automatically suppose that another trader using a sign with the same word is linked to the first. This is because such a consumer would not believe that any one business could claim a monopoly over all marks that incorporate the descriptive term ‘easy’. In this dispute, the further elements present in each sign, when combined with the conceptual distinctions between the marks, were enough to allow consumers to recognise that the signs signified different commercial origins. Accordingly, despite similarities and overlaps in the services, the overall impression created by each mark enabled the public to...

Getty Images (US) Inc and others v Stability AI [2025] EWHC 2863 (Ch) What are the practical implications of this case? Getty Images succeeded on trade mark infringement under sections 10(1) and 10(2) of the Trade Marks Act 1994 (TMA 1994), but only in respect of older, largely discontinued versions of Stability’s generative AI model. The judgment emphasises that proving trade mark infringement in the generative AI sphere requires highly specific evidence and, ideally, testing with real users of the model rather than imagined users or theoretical prompts. Each allegation turned on particular images, the readability and clarity of the signs, and a close evaluation of how the average consumer would encounter the synthetic image online; broad assertions about likelihood were inadequate. For trade mark owners, effective claims should: Isolate identifiable and clear signs Link them to the exact model version and the distribution channel Explain the real-world viewing context Nevertheless, the judge accepted evidence of uses in Australia...

ARCHIVED: This Practice Note is archived and no longer maintained. From 6 April 2025, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277, are revoked and replaced by the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). However, CPUTR 2008, SI 2008/1277 continues to govern any conduct that occurred before 6 April 2025. For guidance on contravening professional diligence under DMCCA 2024, see Practice Note: Contravening professional diligence under the Digital Markets, Competition and Consumers Act 2024... The offence of contravening professional diligence The offence of contravening professional diligence is a criminal offence within the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008). See Offences under the Consumer Protection from Unfair Trading Regulations 2008 [Archived]. Regulation 3 prohibits unfair commercial practices. A commercial practice is unfair where it, among other things: fails to meet the requirements of professional diligence; and materially distorts, or is likely to materially distort, the economic behaviour of the average consumer regarding the product ...

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z This glossary provides helpful (re)insurance and underwriting definitions. For focused guidance on reinsurance terminology, see Practice Note: Reinsurance—essentials. A Accident An unforeseen or unintended event or incident that typically results in damage or injury (physical or financial) to the insured or a third party. Accidental damage Unintended or unexpected harm or damage caused to property or a person. Accidental death benefit Some life insurance policies pay an extra amount, over and above the original sum insured, if the insured dies because of an accident. Act of God (force majeure) An occurrence beyond anyone’s control, such as a natural disaster. Active underwriter The person with primary responsibility and authority to accept insurance and reinsurance risks on behalf of the members of a syndicate in the Lloyd’s market. See also Underwriter. Actuary A qualified professional who...

What is insurance law? Insurance law divides into three strands: insurance contract law, setting the rules of the bargain between policyholders and insurers the law of intermediaries, governing insurance arranged via agents (as with the majority of placements) insurance company law, addressing prudential soundness, integrity and the supervision of insurers This Practice Note focuses chiefly on insurance contract law. For wider regulatory material, see our ‘regulation of insurance’ subtopic, including Insurance & Reinsurance—regulatory framework—overview and Insurance & Reinsurance—Regulated activities—overview. Reform of the insurance sector In January 2006, the Law Commission and the Scottish Law Commission (together, the Law Commissions) began consulting on modernising insurance contract law. Their programme was then separated into three streams: consumer insurance law reform: pre-contract disclosure and misrepresentation insurance contract law reform: business disclosure, warranties, insurers’ remedies for fraudulent claims, and late payment insurance contract law reform: insurable interest Consumer insurance law reform—pre-contract disclosure and misrepresentation ...