Consumer Protection Act

Question 1

Background information of the Consumer Protection Act

Answer 1

Developed by the Department of Trade and Industry
Supports rights and responsibilities
Fair market place
Reduce consumer difficulties
Protect consumers from unfair business practices
Creates responsible consumers
Empowers consumers

Question 2

What are the Consumer Rights

Answer 2

The right to equality in the consumer market and protection against discriminatory marketing
The right to privacy
The right to choose
The right to disclosure of information
The right to fair and responsible marketing
The right to fair and honest dealings with consumers
The right to fair, just and reasonable terms and conditions
The right to fair value, good quality and safety
The right to accountability from suppliers

Question 3

What are the key points of the CPA

Answer 3

Set marketing standards - no unwanted direct marketing, must be factual and accurate
5 day cooling off period
Fixed term contracts - responsibility of consumer to cancel, will continue on a month-to-month basis
Overselling and overbooking
Implied warranty of 6 months
Prepaid vouchers - 3 years

Question 4

What do the Department of Trade and Industry aim to do through the CPA

Answer 4

Create a competitive, enabling, economic environment through implementing fair, transparent, effective and predictable regulations.
The Consumer Corporate and Regulations Division offers information and advice to consumers on their rights and how and where to complain

Question 5

Provincial Consumer Affairs Offices

Answer 5

Advise on consumer issues
Give information, protection and education

Question 6

National Consumer Commission

Answer 6

Enforce the CPA (Police)
Educate/inform consumers
Promote a fair market place
Create norms and standards
Stop unfair marketing
Promote responsible consumers
Give legal framework

Question 7

National Consumer Forum (NCF)

Answer 7

Non-profit and non-governmental
Raise awareness of consumer rights
Highlight channels consumers can follow when faced with unfair practices
Give a voice to the public
Co-ordinate campaigns

Question 8

South African National Consumer Union (SANCU)

Answer 8

Voluntary independent body
Consumer awareness through education, protection and information

Question 9

Public Sector Offices

Answer 9

Consumers Affairs Committee: Investigate harmful business practices
Public Protector: Unfair treatment of citizens by government offices
Advertising Standards Authority of South Africa: oversees advertising
South African Bureau of Standards: Quality benchmark
Consumer Goods and Services Ombudsman: Goods and services complaints

Question 10

Corporate Organisations/Private Sector

Answer 10

Furniture Traders Association
National Home Builders Registration Council
Estate Agents Affairs Board
Financial Services Board
National Credit Regulator

Question 11

Professional Bodies

Answer 11

Engineering Council of South Africa

Question 12

Consumer Journalism

Answer 12

Mass media for complaints and information
Dedicated to consumer issues
Electronic journalism
TV
Radio
Newspapers
Magazines (Specialised consumer magazines)

Question 13

Legal Action

Answer 13

Small claims court - R15 000
Magistrate - emotional issues
High court - R100 000
Legal Aid Board - need to qualify, provide legal aid
Legal Aid Bureau - private organisation, provide legal aid
Legal Resource Center - non-governmental organisation, legal advice to the poor
University Legal Clinics - university based, consumers can take issues