On 18 June 2026, the Competition and Markets Authority (CMA) imposed a £720,000 financial penalty on Marks Electrical Limited and ordered it to refund approximately £600,000 to nearly 40,000 customers for automatically opting them into paid optional extras when purchasing household appliances online.  

This is the CMA’s second concluded enforcement action under its new consumer powers, following the £4.2 million penalty imposed on Automobile Association Developments Limited (AADL) in April 2026. The decision reinforces the regulator’s willingness to take action against online pricing practices, and is another example of a business settling early in exchange for a substantial reduction in the level of the fine.  

Although the CMA has not yet published its infringement decision, the case concerned Marks Electrical pre-selecting and charging customers for paid optional extras without obtaining their express agreement. These paid optional extras included removing and recycling the customer’s old appliance at the time of delivery (“Recycle Old Appliance”) and unwrapping and removing packaging for the newly purchased product at the time of delivery (“Unwrap & Recycle Packaging”). The affected purchases included essential household appliances such as washing machines, dishwashers and cookers. 

The CMA’s guidance makes clear that express consent is required for optional extras, and that consumers must have a real choice over whether to pay for them. Pre-ticked boxes, automatic opt-ins and similar design choices are therefore not merely commercial decisions as to user experience (UX) issues, but a matter of consumer law.  

The penalty and redress package is also notable. Having admitted liability and agreed to settle early, Marks Electrical’s £720,000 fine reflects a 40% discount, with the undiscounted penalty figure sitting at £1.2 million. The CMA also ordered approximately £600,000 in consumer redress, equating to an average repayment of around £15 per customer. As with the earlier AADL case, affected customers do not need to take any action to claim their refunds, which will be issued automatically to the original payment method, or by cheque where that is not possible.

Marks Electrical should also be viewed as part of a wider enforcement pipeline concerning online pricing practices. At the same time as opening its investigation into Marks Electrical in November 2025, the CMA opened further investigations across a range of sectors, all relating to online pricing practices, including drip pricing, pressure-selling tactics and automatic opt-ins. It will be interesting to see the timing of further outcomes from those investigations. 

For businesses, the immediate message is that online checkout design and related pricing practices remain firmly within the CMA’s enforcement priorities. It’s not surprising that the first cases under the new regime have involved settling parties, and it will be interesting to see if that trend continues. 

With thanks to Hamza Islam, Senior Solicitor Apprentice, for his contribution to this article.