CMA settles with Marks Electrical over investigation into pre-selected extra charges

The CMA has ordered appliances retailer Marks Electrical to refund around £600,000 to nearly 40,000 customers and pay a £720,000 fine for automatically opting customers into paid extra services without their consent in breach of UK consumer protection laws. On average, affected customers can expect to receive £15 as a result. The action represents the latest enforcement outcome from the CMA's ongoing consumer protection drive, reinforcing the regulator’s intention to make full use of its direct enforcement powers under the Digital Markets, Competition and Consumers Act 2024 (DMCCA).

What the CMA found

The CMA's investigation centred around the use of ‘pre-ticked’ boxes that automatically opt-in customers for optional services. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (2013 Consumer Contracts Regulation), businesses are required to receive a consumer’s “express consent” before charging for optional add-ons. Consent cannot be inferred simply because the consumer fails to change away from a default, pre-ticked option. 

The CMA’s investigation, which covered the time period from April 2025 (when the DMCCA came into force) to November 2025, found that customers purchasing household appliances through Marks Electrical’s website were automatically opted into additional paid services (a “Recycle Old Appliance” service and an “Unwrap & Recycle Packaging” service).

Part of a broader enforcement wave

The CMA’s investigation into Marks Electrical formed part of the original cohort of cases announced in November 2025, in which the CMA targeted eight businesses across various sectors. Marks Electrical now joins Automobile Association Developments Limited (AA) as the second target to settle with the CMA. The other six investigations remain ongoing.

As with the AA, because Marks Electrical admitted liability and settled the case, it received a 40% reduction to its financial penalty, suggesting that the CMA’s fine would otherwise have been £1.2m. Similar to the AA decision, the CMA has also ordered £600,000 in consumer redress alongside the financial penalty. 

Key takeaways for businesses

This latest decision highlights the risks of non-compliance with UK consumer protection laws – and not just in areas of policy reform that were the focus of the DMCAA, but also under well-established rules (in this case, the 2013 Consumer Contracts Regulation). Businesses are strongly encouraged to carefully review their current practices to ensure compliance with all current consumer protection regulations, as the CMA has already given notice that enforcement activity in this area will continue at pace. 

If you have questions about how the CMA's new enforcement powers may affect your business or would like support reviewing your online sales practices for compliance, please contact a member of our consumer protection team.