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Chapter 13
Related Sections
1
INTRODUCTION
2
WHAT IS A CONTRACT?
3
What are the requirements for a contract?
4
Can a minor enter into a contract?
5
Married people and contracts
6
Breaking a contract
7
What happens if there is a breach of contract?
8
When does a contract end?
9
THE NATIONAL CREDIT ACT (NCA) NO 34 OF 2005
10
The National Credit Amendment Act (No 7 of 2019)
11
The National Credit Regulator (NCR) and the Consumer Tribunal
12
Rules when marketing to consumers
13
Putting a ceiling on interest rates, fees and charges
14
Types of credit agreements
15
Protection when making a loan application
16
Reckless lending
17
Debt counselling
18
Administration order
19
Role of credit bureaus
20
Where can consumers lodge a complaint?
21
CONSUMER RIGHTS UNDER THE CONSUMER PROTECTION ACT, 2008 (CPA)
22
The right to privacy
23
The right to choose (including the right to choose to cancel)
24
The right to good quality and safety
25
The right to responsible marketing
26
The right to information
27
How can consumers lodge a complaint?
28
REPAYING DEBT
29
Legal consequences of defaulting on debt obligations
30
Judgements and other court orders
31
CONSUMER RIGHTS AND REMEDIES IN THE LEGAL PROCESS
32
General guidelines for consumers
33
Defences – Prescription and in duplum
34
Debt collector’s rules
35
When and how to have a judgement rescinded
36
Applying to court to have an emolument (salary) attachment order rescinded or amended
37
Applying to court to stop the sale of your goods
38
ATTORNEY’S FEES AND CHARGES
39
BEING UNDER ADMINISTRATION
40
USING A DEBT COUNSELLOR
41
HANDING BACK (SURRENDERING) GOODS BOUGHT ON CREDIT
42
MICROLENDING AND MICROLENDERS
43
What is microlending?
44
INSURANCE
45
What is insurance?
46
Life assurance
47
Short-term insurance
48
Investment insurance
49
Retirement annuity
50
PROBLEMS
51
Problem 1: Minor entering into a contract
52
Problem 2: Breaking a promise
53
Problem 3: Breach of contract
54
Problem 4: Something goes wrong with goods you have bought
55
Problem 5: Helping a person assess their financial situation and drawing up a budget
56
Problem 6: Helping a person who has a problem with repaying debt
57
Problem 7: Helping a person who has a problem with getting credit
58
Problem 8: Granting credit recklessly
59
Problem 9: Going to a debt counsellor
60
Problem 10: Repossession of goods with a valid court order
61
Problem 11: Repossession of goods without a court order
62
Problem 12: How to respond to a summons
63
Problem 13: Repossessed goods are sold for less than the amount still owing on the goods
64
Problem 14: Getting a civil judgment in a criminal case
65
Problem 15: Being robbed at an ATM
66
Problem 16: Cell phone scams, e-mail scams and card cloning
67
CHECKLIST
68
Checklist: Particulars to take for a consumer law problem

The right to privacy

RESTRICTING UNWANTED COMMUNICATIONS – AN ‘OPT-OUT’ REGISTER

Consumers have the right to ‘opt-out’ or refuse to receive unwanted sms’s, telephone calls or correspondence relating to the marketing of products, by registering a ‘pre-emptive block’ on an opt-out register which will be overseen by the Consumer Commission.

Once a person has registered, it is the responsibility of companies to ensure that these consumers are not contacted for marketing purposes.

Currently the Direct Marketing Association does have a similar register where consumers can opt-out. View this at: www.dmasa.org

PROTECTING PERSONAL INFORMATION – THE PROTECTION OF PRIVATE INFORMATION ACT (POPI)

The Protection of Personal Information Act (POPIA) aims to protect the personal information of consumers. It sets out the minimum requirements regarding accessing and processing anyone’s personal information. 

How does the POPI Act add to the protection provided to consumers by the Consumer Protection Act? 

Businesses and government bodies must comply with the law in terms of how they collect, use, store or share a person’s personal information.

For example, during the Hands Off Our Grants campaign, it appeared that the re-registration of grant beneficiaries in 2012, using biometric processes, gave CPS and Net1 access to personal information collected on behalf of SASSA. Access to people’s personal and confidential information was used to enable unlawful deductions from social grants to be made without the signed permission of the beneficiaries.  

If a consumer believes their rights regarding their personal information have been abused, they can make a complaint to the Information Regulator and it will be able to take action on their behalf. Follow the link: https://inforegulator.org.za/complaints/ to find out how to make a complaint and follow the instructions. Or fill in the prescribed POPIA Form 5 at https://inforegulator.org.za/wp-content/uploads/2020/07/FORM-5-COMPLAINT-REGARDING-INTERFERENCE-WITH-THE-PROTECTION-OF-AN-ADJUDICATOR.pdf  and send it to POPIAComplaints@inforegulator.org.za.

Alternatively, the consumer can sue for damages in a civil claim.