Consumer Rights Act 2022

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Charges for communication by telephone

124. (1) Where a trader operates a telephone line for the purpose of enabling a consumer to contact the trader in relation to a contract concluded by the consumer with the trader, the trader shall ensure that the telephone line is available to the consumer at a charge that does not exceed the basic rate.

(2) Where a trader operates a telephone line that contravenes subsection (1), and the consumer uses the line and pays more than the basic rate, the trader shall reimburse the consumer to the extent of the excess charged.

(3) Any provision of a contract which requires the consumer to make a payment that contravenes subsection (1) is unenforceable.

(4) A trader who contravenes subsection (1) commits an offence.

(5) If a trader fails to comply with the obligation to reimburse a consumer in accordance with subsection (2), the trader shall be liable in damages for any loss or damage suffered by the consumer as a result of that failure.

(6) In case of dispute, it is for the trader to show that calls to a telephone line operated by the trader for the purpose of permitting consumers to contact the trader in relation to a contract concluded with the trader were not charged at more than the basic rate.

(7) In this section—

“basic rate”, in relation to a telephone line operated by a trader for the purpose referred to in subsection (1), means:

(a) where the telephone line uses a freephone number, nil;

(b) where the telephone line uses a landline telephone number, the rate charged for a call to a landline telephone number;

(c) where the telephone line uses a mobile telephone number, the rate charged for a call to a mobile telephone number;

(d) where the telephone line uses a standard rate number, the rate charged for a call to a standard rate number;

(e) where the telephone line does not fall within any of paragraphs (a) to (d), the rate charged for a call to a landline telephone number;

“freephone number” means a non-geographic number (other than a mobile telephone number, a standard rate number or a premium rate number), in respect of which the charge for a call is paid for by the called party and not the caller;

“landline telephone number” means a number from the national numbering scheme where part of its digit structure contains geographic significance used for routing calls to the physical location of the network termination point;

“mobile telephone number” means a mobile telephone number that is a non-geographic number (other than a freephone number, a standard rate number or a premium rate number);

“national numbering scheme” has the same meaning as it has in section 12 of the Communications Regulation Act 2002 ;

“network termination point” has the meaning assigned to it by Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018¹⁶ establishing the European Electronic Communications Code (Recast);

“non-geographic number” means a number—

(a) that is not a landline telephone number, and

(b) that is from the national numbering scheme;

“premium rate number” means a non-geographic number that is used to provide a premium rate service within the meaning of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 ;

“standard rate number” means a non-geographic number (other than a freephone number, a mobile telephone number or a premium rate number), in respect of which the rate charged to the caller does not exceed the rate charged for a call to a landline telephone number.

¹⁶ OJ No. L 321, 17.12.2018