CLLS has published its response to FCA’s consultation on smarter consumer communications (see FReD 3 July). CLLS focuses on legal issues in connection with the use of “smart” formats in the design and delivery of firms’ terms and conditions (T&Cs) and potential suggestions for improving accessibility of T&Cs without compromising legal certainty. CLLS highlighted some specific legal issues in relation to T&Cs:
- contract formation;
- legal certainty and comprehensiveness of T&Cs’ content;
- incorporation of terms in T&Cs’ format; and
- layering of T&Cs.