The Consumer Protection Act (“CPA”) grants consumers a range of rights in order to ensure that they are protected from unscrupulous and unfair practices. It is important for all consumers in South Africa to understand consumer rights and the CPA. When consumers know their rights and responsibilities, they are able to navigate the marketplace confidently, make informed decisions, and protect themselves from unfair practices. These rights include the following:
Right to Fair and Honest Dealing:
Consumers have the right to fair and honest dealings with suppliers in terms of the CPA. An obligation is placed on suppliers to provide accurate and transparent information about their products or services. Consumers should not be subjected to unfair, unreasonable, or unconscionable practices. This ensures that consumers are able to make informed decisions. Included in this right is the right to assume that suppliers have a legal right to sell products or services; to be protected against pyramid schemes and related schemes; and to be protected against false, misleading or deceptive representations by suppliers.
Right to Privacy:
The CPA provides consumers with the right to privacy and protection from unsolicited direct marketing. This includes the right to refuse unwanted direct marketing such as phone calls, SMSs, letters, or spam emails. Consumers are able to opt out of receiving promotional material and further, have the right to have their personal information kept confidential.
Right to Fair and Responsible Marketing:
The CPA gives consumers the right to not be subjected to false, misleading, or deceptive advertising. In terms of this, suppliers have the duty to ensure that their marketing practices are fair, honest, and transparent. It is prohibited in terms of the CPA for suppliers to make false claims or engage in practices that are potentially deceiving or misleading to consumers. This includes tactics such as bait advertising, pyramid schemes, and false pricing.
Right to Safe and Good Quality Goods:
In accordance with the CPA, consumers have the right to expect that the goods they purchase are safe and of an acceptable quality. It follows that, should a product be defective or if it doesn’t meet the advertised standards, consumers have the right to a refund, repair, or replacement.
Right to Fair and Safe Contractual Terms:
The right to fair and safe contractual terms is conferred to consumers by the CPA. In terms of this right, suppliers are required to provide consumers with contracts that are clear, easy to understand, and are void of any unfair or unreasonable provisions. If a consumer deems any terms to be unfair or unreasonable, they have the right to reject these terms.
Right to Disclosure of Information:
It is required by the CPA that suppliers provide consumers with accurate and complete information about their products or services. This information includes pricing, terms and conditions, as well as their potential risks or hazards. Included in this right is a right to receive information in plain, informative language, and a right to receive sales records.
Written by Mia Storbeck, Candidate Attorney at Stegmanns Incorporated