Claiming that such an allowance exists is not the same as actually identifying the statute or ruling that creates the allowance. What is your textual basis for claiming that there's a general permission for circumvention?

> If they do clash then you have to side with the consumer.

This sounds like you're referring to a concept that exists in contract law, but has no applicability to a question of how to handle a conflict between two provisions in law. In such a case, the courts will usually uphold whichever provision actually exists in the text of the law.