Spam and the Law
We first wrote about email marketing, spam email, and the law in August 2003 and the law in 2013 relating to spam has changed a lot over the last 10 years. So has people's concept of what spam is. Both [...]
Standard Bank v Dlamini | Victory for plain language and consumer protection
On 23 October 2012 Justice Dhaya Pillay handed down a judgment in the Durban High Court, which might prove to be a victory in the war against legalese and unfair contract terms. One of the biggest questions was whether Mr [...]
How does the CPA affect your relationship with your customers?
We are running a workshop on the impact of the CPA on your customer relationship management. Join us in Johannesburg on 29 November 2012 to find out how we can help you implement an effective CPA strategy for CRM. Do [...]
Voetstoots gets the Boot?
Is a voetstoots clause still valid and enforceable? The Consumer Protection Act that came into effect on 1 April 2011 has many consumers jumping for joy and many more businesses screaming from the rooftops. The effect of the Consumer Protection [...]
Does the CPA apply to the Private Sale of a house?
Does the CPA cover you if you bought a house through an estate agent? Do you have all the rights and warranties that are contained in the new Consumer Protection Act or have you been lulled into a false sense of security that you are protected, when the facts show the opposite? Here we take a look at what the CPA says, if you are protected and if you have recourse to all the protection measures that the Act gives consumers who buy goods and services every day.
The Consumer Protection Act does NOT apply to all Lease Agreements
The Consumer Protection Act (CPA) does NOT apply to all lease agreements (or rental agreements). This is really important to know because the Consumer Protection Act has a big influence on the lease and changes the legal position between the landlord and tenant significantly. If [...]
CPA Enforcement Guidelines
New guidelines published for enforcement of the CPA. The who, what, where and how of how CPA complaints and queries will be dealt with.
When the CPA applies to some customers, but not others
When asked to convert legal documents to ensure that they are compliant with the Consumer Protection Act (CPA) and its regulations sometimes a difficult situation arises: what happens if the CPA would only apply to some of your customers, but [...]
Product Liability for Damage caused by Goods
If you sell defective goods or products, you may be responsible for the harm anyone suffers. This is called product liability. You might have to pay for all of it, even if it was not your fault. You cannot limit this [...]
"Grey" Goods under the Consumer Protection Act
"Grey" goods or parallel imports are goods that have been imported into a country through unofficial or unauthorized distribution channels. Grey goods are not illegal. But because they have not been imported through official channels, if the good breaks, the [...]
Franchises and the CPA – who’s who in the zoo
If you have a franchise or thinking about entering into one, it is essential to know your rights and obligations in terms of the CPA. Here is a brief overview of the main requirements and definitions in terms of the Act.
CPA and the Health and Safety Industry
As many writers have said before, the Consumer Protection Act (CPA) is a far-reaching piece of legislation in that it applies to all transactions where goods and services are provided to consumers. The health and safety industry will be greatly [...]