02 Nov 2015

The Consumer Protection Act - Important Update

by Jennifer Finnigan, Partner, Durban,

The Consumer Protection Act not only prohibits unfair, unreasonable and unjust contract terms but also “unconscionable conduct”.  Remember that this isn’t limited to bullying or pressurizing the consumer when marketing or supplying to, negotiating with, collecting payment or recovering goods from, the consumer.  It also covers knowingly taking advantage of vulnerable consumers who can’t protect themselves eg because of illiteracy, ignorance or because they can’t understand the language of the sale contract.  A court which finds a sale contract to be unfair, unreasonable or unjust or that the supplier behaved unconscionably can make any just and reasonable order including giving the consumer his money back and forcing the supplier to change his contract or his erring ways.