Consumer Protection law

Are you complying with the Consumer Protection Act?

The Consumer Protection Act, 2008 (CPA) came into force on 31 March 2011. It has a significant effect on the supply of goods and services.

The CPA contains some controversial provisions. These relate to issues such as the following:

• Product liability: A supplier can be held liability for harm cause by defective or hazardous goods, even though the supplier was not negligent. This will apply to all parties in the supply chain.
• Warranties: The CPA prescribes four standard warranties that cannot be excluded.
• Direct marketing: If a consumer concluded a transaction as a result of direct marketing, the consumer will have a cooling-off period during which the transaction can be cancelled. Direct marketing includes the sending of emails to consumers, telemarketing as well as personal approaches (such as the handing out of flyers).
• Terms and conditions: Consumer agreements may not contain certain unfair, unreasonable or unjust terms and conditions.

Make sure that you comply with the CPA. If not, you may be faced with complaints or investigations by the National Consumer Commission.

For more information contact Danie Strachan or Jenny Pienaar.