Amendments* to the Consumer Protection Law* took effect on 1 February 2026. These changes mitigate business liability to consumers in certain situations and limit abusive practices.
Key changes
Limitation of the amount of penalties for late satisfaction of consumer demands
The penalty for the late satisfaction of consumer demands (1% of the goods price for each day of delay) can now not exceed the price paid for the acquired goods. Furthermore, the court has the right to reduce the penalty if it is clearly disproportionate to the consequences of the violation.
New grounds for refusal to impose a fine
The Consumer Protection Law provides for an additional penalty for late compliance with consumer’s claims – a fine equal to 50% of the amount awarded to the consumer by the court (usually including the cost of the goods, damages, and penalties). The fine applies to the producer, seller, importer, and service provider.
In accordance with the Amendments, the fine does not apply if:
the defendant was unable to comply with the claim due to the consumer's own fault (e.g., refusing to provide the goods for a required expert examination to determine the cause of the breakdown).
the defendant lost the opportunity to voluntarily comply with the consumer’s claim (e.g., if the consumer destroyed the goods).
the defendant failed to comply with the consumer’s claim due to a breach of obligations by the defendant’s counterparty (supply of necessary goods, works or services) – except in cases where the defendant acted in bad faith or unreasonably in selecting the counterparty.
before going to court, the consumer and the defendant concluded a mediation agreement – except in cases where this agreement was not fulfilled due to the fault of the defendant.
Limitation on the amount of damages for the return of technically complex goods
When returning, for example, a car due to its non-conforming quality, the consumer may additionally claim damages in the amount of the difference between the price they paid and the current market price of a similar goods.
According to the amendments, when determining the current price, the court must consider the degree of wear and the year of manufacture of comparable goods.
However, if it is established that the seller intentionally misled the consumer regarding the product’s characteristics (the actual characteristics are significantly worse than those described in the contract), the price limitation rule does not apply. The seller will compensate for damages based on the cost of a new goods.
Restriction on the assignment of claims for penalties and fines payment
A consumer may assign to a third party the right to claim penalties and fines for late satisfaction of a claim only after a court decision ordering the recovery of these amounts from the defendant has entered into force. Any early assignment is null and void.
Why this is important
The amendments limit the free room for “consumer extremism”, where the Consumer Protection Law is used for abuse rather than to address violations and provide fair compensation. Limiting the amount of damages and the penalty, along with the possibility of its reduction, prevents unjust enrichment in situations where prompt satisfaction of a consumer’s claim is not objectively possible (e.g., due to logistics constraints). The new grounds for denying the fine pursue the same goal.
The amendments also encourage consumers to protect their rights themselves, rather than assign them to third parties not involved in the consumer relations.
Recommendation
Companies in the B2C segment should update their internal procedures for handling consumer’s claims in light of these changes. It is important that the amendments do not completely release manufacturers and sellers from the liability for violating consumers’ rights.