Consumer Protection Act and your rights

The Consumer Protection Act protects your rights as a consumer. While consumers usually have a reasonable idea of what their rights as consumers entail, most of us cannot say exactly what these rights are and how they are protected.

The Consumer Protection Act (CPA) protects these fundamental consumer rights:

• equality in the consumer market;
• privacy;
• choice;
• disclosure and information;
• fair and responsible marketing;
• fair and honest trading;
• fair, just and reasonable terms and conditions;
• fair value, good quality and safety;
• to be heard and receive a refund.

Equality in the consumer market

This part of the Act, from section 8 to 10, stipulates that no one may discriminate against you when goods and services are marketed, but reasonable grounds are set to treat you differently in certain circumstances.

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Your right to privacy

Sections 11 and 12 deal with your right to restrict unwanted direct marketing and regulate times when companies may contact you.

Your right to choose

As part of your right to choose, sections 13 to 21 provide for your right to choose from suppliers, the expiration and renewal of fixed-term agreements, prior authorisation of repair or maintenance services and a cooling-off period after direct marketing.

Your rights to cancel prior bookings and select or check goods, as well as your rights in relation to the supply of goods or services, your right to return goods and unsolicited goods or services are also covered by these sections.

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Disclosure and information

Sections 22 to 28 provide for your rights to get information in plain and understandable language and know the price of goods or services. Labels and trade descriptions must be affixed to products and suppliers must also disclose when goods have been rebuilt or bought on the grey market and they must keep track of sales. They must also deliver according to their sales staff’s claims and actions and shippers and installers must be able to prove who they are.

Fair and responsible marketing

According to this part of the Act, bait marketing and negative option marketing are not allowed, while various provisions apply to catalogue marketing, loyalty programmes, trade coupons, competitions, alternative work schemes and referral sales. Agreements may not be concluded with people who are not commercially competent and consumers’ rights with direct marketing are also covered.

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Fair and honest trading

Your rights to be treated fairly and honestly are covered by sections 41 to 47 of the Consumer Protection Act. Unscrupulous behaviour, false, misleading or deceptive representations, fraudulent schemes and offers and pyramid and similar schemes are not allowed.

You have the right to assume that the supplier may sell goods. This part of the act also governs how auctions must be held, how goods are changed, held, waived and replaced and how overselling and over-booking should be handled.

Fair, just and reasonable terms and conditions

You are also protected from unfair, unreasonable or unjust contract bargaining. It stipulates that you must be informed of certain terms and conditions, that certain transactions, agreements, bargaining or conditions are unlawful and that the courts can ensure fair and just conduct, terms and conditions.

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Fair value, good quality and safety

You have the right to demand quality service and receive safe goods of good quality. All goods and services have a guarantee of quality and a guarantee applies to repaired goods.

You should also be warned of possible risks. Hazardous materials must be stored correctly and products that have a defect must be recalled, while the merchant and everyone in the manufacturing and sales chain is liable for damages caused by goods.

Supplier’s accountability to consumers

Sections 62 to 67 determine what the supplier’s accountability is to you. It covers lay-bys, prepaid certificates, credits and vouchers and prepaid services and access to them. The dealer must also keep your property safe and account for it. Deposits for containers and the return of parts and materials are also covered by this part.

Consumer’s right to be heard and refunded

This part of the Consumer Protection Act deals with the protection of consumer rights, how the rights can be enforced, how complaints are resolved and when you can complain to the National Consumer Commission.