Last updated 5 October 2026
How the Marks Electrical Automatic Opt-In Worked
Customers purchasing household appliances were presented with optional paid services that were already pre-selected at checkout, meaning the customer had to notice and actively deselect them — rather than actively choosing to add them.
5 Key Facts
- 01Two paid services were pre-selected: 'Recycle Old Appliance' and 'Unwrap & Recycle Packaging'.
- 02The CMA found these were added without the customer's express agreement.
- 03UK law requires express, active consent for optional paid extras.
- 04Pre-ticked boxes or equivalent automatic opt-ins are not permitted.
- 05Marks Electrical stopped the practice after the CMA investigation opened.
Primary EvidenceRead the record
S002 · CMA Press Release
CMA orders Marks Electrical to refund customers over pre-selected extra charges
Competition and Markets Authority / GOV.UK · 2026-06-18
Open source ↗S003 · Final Infringement Notice
Marks Electrical Final Infringement Notice
Competition and Markets Authority · 2026-07-02
Open source ↗Illustrative explanation — not a reproduction of the Marks Electrical checkout. No screenshots of the historical checkout are reproduced on this site.
The automatic opt-in model
As found by the CMA
Customer chooses appliance
Checkout
Optional paid service already selected
Customer must notice / deselect
The legal / consumer-choice model
What the law requires
Customer chooses appliance
Optional extra not selected
Customer actively chooses extra
Charge added
Primary EvidenceRead the record
S003 · Final Infringement Notice
Marks Electrical Final Infringement Notice
Competition and Markets Authority · 2026-07-02
Open source ↗Why this matters
The difference is the direction of consent. In the automatic opt-in model, the default is "yes, charge me" and the customer must act to avoid the charge. In the consumer-choice model, the default is "no" and the customer must act to add the charge. UK consumer law requires the latter for optional paid extras.
Read: are pre-ticked paid extras legal in the UK?