The Consumer Protection Act (CPA) will soon come into full force, but do you know how it will influence your life?
South Africans have lived in something close to the consumer dark ages for many years. From suffering under the weight of dubious and purposefully unclear hire purchase arrangements to paying the price for a service provider's inability to cancel a contract (as requested!), we have a history of struggling to take action when we really should.
One of the reasons for this is the fact that the law hasn't exactly been on our side. For years, entrenched monopolies and a lack of strong consumer protection laws have tipped the scales against consumers. But all that will soon change when the new Consumer Protection Act (CPA) comes into effect.
The Act will have many implications for businesses that will be called to account, legally speaking, in instances that traditionally generated only a resigned shrug of apology. And consumers will be significantly more empowered. From now on we can stand up for ourselves knowing that the law is on our side.
The bottom line is this act has real teeth. Companies that fail to comply with its terms can face penalties as severe as an administrative fine of up to 10 percent of annual turnover or a fine of R1-million.
Of course, to be an active consumer you need to understand your rights and the responsibilities of service providers as defined by the act.
Here are some of the highlights:
Privacy, at last
Most South Africans are tired of unsolicited sales calls, junk emails and SMSes.
The CPA takes very necessary privacy action, allowing you to demand that any company that contacts you without you asking them to do so removes you from its database. Even better, when you're filling out a contract or membership form, online or offline, you must be given the choice to specify that you do not want to be bothered by advertising.
Cooling off
Ever regret that time share purchase you agreed to just to get rid of the sales guy?
The CPA says companies must now offer you a cooling off period to cancel an advance reservation, booking or order. This measure gives consumers the ability to recover from the heat of sales moment and confirm their decision after consideration.
The act also makes it illegal for companies to automatically renew contracts as they expire. From now on, they'll need permission in writing from you before they can renew.
And, even better, suppliers and service providers you hold contracts with are now obliged to communicate with you when they increase prices.
Article continues on page two and three: no more doublespeak, fair and responsible marketing, fair and honest dealing, reasonable terms and conditions and your right to fair value, good quality and safety...


