Getting reviews, creator posts and email sales without a fine

Greymill AcademyUK5 min readReviewed Oct 202624 primary sourcesUS version

The short answer

Reviews, influencers, sale prices and email now carry direct fines for online shops; here is how to use each one within the rules.

The takeaway. Never reward only positive reviews, label creator posts you reward and control 'Ad', put compulsory fees in the headline price, and email only with consent or soft opt-in.

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Written for online shops in the UK selling on their own site or on marketplaces: direct-to-consumer brands, private-label and FBA sellers, dropshippers and subscription sellers.

The short version

  1. Reward any rating, never just five stars.Disclose the reward next to each review, keep evidence of how you moderate, and never hide or suppress negative reviews.
  2. Label paid creator posts 'Ad' up front.Money, free product or commission plus your control makes it an ad. 'Gifted' alone is not enough; you and the creator are both responsible.
  3. Show compulsory fees in the headline price.A must-pay handling or service fee first shown at checkout is a breach. Include it up front or drop it.
  4. Email only with consent or the soft opt-in.Soft opt-in: past buyers, about similar products, with a free opt-out when collected and in every email. Never market to addresses from marketplace orders.

Email lists, creators, reviews and sale prices are among the main ways an online shop wins customers, and they are exactly where consumer law now bites. Since 6 April 2025 the CMA can decide covered consumer-law breaches itself and fine up to £300,000 or 10% of global annual turnover, whichever is higher. As of Oct 2026.

Reviews

The rule

Fake and incentivised reviews are banned

It is banned to write, commission or publish fake reviews, to publish incentivised reviews without saying so, to suppress or hide negative reviews, or to present reviews misleadingly. A business that publishes reviews must take reasonable and proportionate steps to prevent and remove fake ones. As of Oct 2026.

Digital Markets, Competition and Consumers Act 2024 Sch 20; CMA fake reviews guidance

AvoidOffering, say, a £5 voucher only to customers who leave a five-star review.
Do this insteadOffering any incentive for an honest review of any rating, disclosing it next to the review, and keeping evidence of how you moderate.

Rewarding only positive reviews is a banned practice, and so is hiding the negative ones.

Creators and influencers

A post a creator is paid for, in money, free product or commission, and that you control, is an ad and must be labelled up front with '#ad' or 'Ad'. 'Gifted' alone is not enough where you have control. You and the creator are both responsible. Put disclosure duties, a content usage licence for a stated term and approval rights in every creator agreement.

For example, a creator posts about a £35 serum after receiving free product and a 15% affiliate code, with no '#ad': both brand and creator are in breach. Get the post labelled within the day and put disclosure duties in every creator brief.

Prices and claims

The rule

Drip pricing

The headline price must include every mandatory charge that can be calculated in advance. A compulsory 'handling' or 'service' fee first shown at checkout is a breach. Delivery charges that depend on the customer's choice may be shown separately if you make clear up front that they exist. As of Oct 2026.

DMCC Act 2024 Part 4 Chapter 1; CMA unfair commercial practices guidance (CMA207)

  • A compulsory fee of, for example, £2.50 on a £30 basket means showing £32.50 as the headline total, or dropping the fee.
  • A 'was' price must be a genuine recent selling price at which you made real sales.
  • Countdown timers that restart and untrue 'only 2 left' claims are misleading actions.
  • Unqualified 'eco-friendly', 'sustainable' or 'plastic-free' claims are high risk, and the CMA can fine for misleading environmental claims. Say what is true, such as 'paper mailer; tape contains plastic'.
  • Hold the evidence before any claim runs (CAP Code 3.7): 'clinically proven' needs the study, and food health claims can only come from the authorised register.

Email and abandoned baskets

The rule

The soft opt-in

You may send email or text marketing to a customer whose details you collected in a sale or negotiation, about similar products, if you offered a free opt-out when you collected the details and in every message. Everyone else needs opt-in consent, and bought lists fail. As of Oct 2026.

PECR reg 22(3)

  • An email address typed at checkout without a completed sale is not a soft opt-in unless the negotiation test is met and the opt-out was offered there, so most brands ask for consent at the email field.
  • Names and addresses passed to you by Amazon, eBay or TikTok Shop are for fulfilling that order. Marketing to them breaches the platform's terms and PECR.
  • Advertising and retargeting pixels still need cookie consent. Since 5 February 2026, cookies used only to collect statistics to improve your own site no longer need consent, if the data is shared only with someone helping make those improvements and shoppers get clear information and a simple, free way to object. As of Oct 2026.

Apply for your trade mark before launch: from 1 April 2026 a UKIPO online application costs £205 for one class and £60 for each further class, and registration usually takes 3 to 4 months if there are no issues. As of Oct 2026.

PECR fines for breaches on or after 5 February 2026, cookie and marketing email breaches included, reach up to £17.5 million or 4% of worldwide turnover for an undertaking, whichever is higher. As of Oct 2026.

Asked in Greymill

Example question and answer from Marketing
You
Two Black Friday ideas. A £5 voucher for anyone who leaves a five-star review, and adding the 2,000 customers from our Amazon orders to our email list. Any problem with either?
Marketing
Yes, both. The voucher is fixable; the Amazon list is off limits for marketing.

The voucher: rewarding only five-star reviews is banned. Offer the £5 for an honest review of any rating, say so next to each review, and keep a record of how you moderate. Never hide the bad ones.

The Amazon list: those addresses are for fulfilling the order. Marketing to them breaches Amazon's terms and PECR, the email marketing rules.

Grow your own list: get consent, or use the soft opt-in: buyers on your own site, emailed about similar products, offered a free opt-out when you take the address and in every email.

The fines:
Consumer law (CMA): up to £300,000 or 10% of global annual turnover, whichever is higher (As of Oct 2026)
PECR: up to £17.5 million or 4% of worldwide turnover, whichever is higher (As of Oct 2026)

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Your question

I run an online shop in the UK. Check my marketing against the consumer and email rules: my review request [paste], a creator brief [paste], my checkout fees [list], my sale price claims [examples], and how I collect email sign-ups [describe]. Tell me what to change first.

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More for online retail and ecommerce in the UK

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Sources

The primary sources behind this lesson, checked Oct 2026.

  1. Part 3 (enforcement) and Part 4 Chapter 1 (Unfair practices, pricing, reviews and subscriptions: DMCC act 2024)
  2. Government announcement published 9 Aug 2026, "PM starts roll out of everyday fixes on the cost of living" (Unfair practices, pricing, reviews and subscriptions: DMCC act 2024)
  3. CMA207, chapter on material pricing information (Unfair practices, pricing, reviews and subscriptions: DMCC act 2024)
  4. Sch 20 paras on consumer reviews; CMA fake reviews guidance (Unfair practices, pricing, reviews and subscriptions: DMCC act 2024)
  5. Price Marking Order 2004 (Unfair practices, pricing, reviews and subscriptions: DMCC act 2024)
  6. DBT PMO guidance paras 34 and 53 (Unfair practices, pricing, reviews and subscriptions: DMCC act 2024)
  7. Green Claims Code (Sep 2021) (Advertising, influencers, green claims and brand protection)
  8. Fees (Advertising, influencers, green claims and brand protection)
  9. Costs (Advertising, influencers, green claims and brand protection)
  10. CDPA 1988 s.90(3) (Advertising, influencers, green claims and brand protection)
  11. www.gov.uk (Advertising, influencers, green claims and brand protection)
  12. Trade Marks Act 12(1) and (2) (Advertising, influencers, green claims and brand protection)
  13. www.legislation.gov.uk (Data, cookies and email marketing)
  14. UK GDPR Art 12(3) (Data, cookies and email marketing)
  15. Art 33 (Data, cookies and email marketing)
  16. SI 2026/82 regs. 2 and 11; DUAA 2025 Schedule 12 (inserted PECR Schedule A1 para. 5(1)(a) to (e)) (Data, cookies and email marketing)
  17. Arts 4(5) and 31 (Data, cookies and email marketing)
  18. s.29 (Data, cookies and email marketing)
  19. regs 34(5), (9), (11), (12); reg 35 (Hard cases: returns, products and marketing)
  20. s.29(2) (Hard cases: returns, products and marketing)
  21. reg 28(1)(b) (Hard cases: returns, products and marketing)
  22. www.gov.uk (Hard cases: returns, products and marketing)
  23. reg 9; CPA 1987 s.2(2) (Hard cases: returns, products and marketing)
  24. GOV.UK, "Complete a road consignment note" (Contract red flags)

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