What Is The Consumer Protection Act?
Consumer protection is a legislation which is based on ensuring that the individual, or individuals, have the right to a business practice which is fair, transparent and open.
What this means is that a consumer is protected against any untruths or deceptions from a business, such as stating the price of a product and then changing the price on payment.
The consumer law shields the consumer, allowing them to legally pay what the price was, and not what the business later changed the price to on payment.
The Act came into effect in South Africa in 2011, and although it is fairly new in the country, it is more than needed, with there being a lot of cases where consumers were having the wool pulled over their eyes, and having no way to defend themselves or recoup their losses.
Unfortunately for the cases prior to April 1st 2011, the Act does not cover these instances as, however, as we sit in 2020, all suppliers and businesses which house and provide goods and services have to comply with the Act.
Consumer law has come a long way since 2011 and has been able to protect the South African public from questionable business practices.
Lawyers, such as Bregman Moodley Attorneys, help clients in cases where it is open and shut cases, as well as when sometimes the infringement may not be so straightforward, requiring a lawyer.
On top of this, in cases where a business, who has entered into a partnership with a supplier of goods and services feels that they have been ripped off, Bregman Moodley Attorneys will step in to help them in the case.
In other situations, a law firm will be hired by a business to help them to understand what exactly consumer protection is, as well if they are complying with the Act at present.
5 Business Days
In terms of the Consumer Protection Act itself, when a consumer is not the one who initiated the transactions, rather the transactions where started from direct marketing, Section 16 will give a cooling-off period of 5 business days, allowing for the consumer to return the goods in this period, receiving their money back.
Section 16 ensures that the 5 business day cool off period begins the day after purchase or the day on which the goods were received by the consumer.
This gives the consumer a chance to assess their goods or services which they have purchased, see if it is damaged or if it is something which does what it says it will do, and decide whether or not to return it.
The consumer law here also ensures that the type of contract, its terms and conditions, as well as its renewal or its cancellation of fixed contracts, under Section 14, is not allowed to be renewed without consent from the consumer.
Bregman Moodley Attorneys will be able to go through the contract before or after you have signed it, ensuring whether or not a contract is or is not in breach of the Consumer Protection Act.
They will be able to back you up, making sure that you are given back everything you lost or could’ve lost during the time of the agreement.
The Consumer Protection Act is also focused on ensuring that the language used in order to provide information on the goods and services is basic, being able to be understood by everyone.
Adding to this, the Act defines that there is no official language that needs to be when providing the necessary information.
However, there is still a need, according to Section 22, that the language needs to be plain and needs to be something which the target market group is able to fully understand.
If you are in need of professional assistance and expertise, Bregman Moodley Attorneys are competent and skilled in the Consumer Protection Act.
The Problem With Overselling And Overbooking
Overselling is the process when a business sells products to consumers to a point where they are selling stock which they do not have.
A consumer may have already paid for the goods or services, only to be told that there is no stock and that there are no refunds.
Overbooking is the process, for example, of an airline booking seats in a plane multiple times, even though there will be no space, and again not allowing there to be any refunds for those who paid for the seat but aren’t getting it.
Bregman Moodley Attorneys is able to help their clients in fighting these kinds of bad practice, and where the number of the types of cases is much lower than they used to be, although there are still times when this occurs.
If the producer or supplier of the goods, from point A to its destination have stated that the quality of the goods is in good condition and of required quality, this needs to be followed throughout the process.
This means that if the quality stated is not the quality which has been received, the consumer, whether it be a business buying the item or an individual buyer, the consumer protection allows the consumer to send the goods or services back and receive their payment back straight away.
Bregman Moodley Attorneys will ensure that you get what you put in as they understand that you did not receive what you were promised in terms of quality.
What Rights Does The Consumer Protection Act Give You?
Consumer protection gives everyone the right to be able to access the necessary information required to fully understand your rights as a consumer.
Consumer law also ensures that you have the right to a lawyer who will be able to explain to you what consumer protection is, as well as defend you in cases where the other party is unwilling to accept fault.
Disclosure Of Information
Consumers have the right to be able to access information on the product before purchasing it, including the quality that it claims to be, in order to be able to make an informed decision.
Consumer protection makes it possible for consumers to highlight when they have not been given the right information, if any information, which therefore ensures that they are legally capable to recoup their spend and in some cases can sue for damages which the supplier has caused.
The big thing which consumers have, thanks to laws such as the Consumer Protection Act, is that they are given choice. which comes down to who they get their supply from, the quantity and quality, and all with a guarantee that what they are getting is what they bought.
Choice allows consumers to have some form of bargaining power in the market,, rather than just simply having to take the only choice available.
Represented On A National Level
The concerns and issues raised by the consumers have the right to be heard by the government sectors which govern such Acts. This can be from changing certain terms and conditions in the Act, to imply requiring that businesses have to comply with certain rules.
Giving a voice to the people will help to improve our legal system and our consumer law practices.
The Right To Redress
Consumers deserve the right amount of compensation and legal support, which can be supplied by Bregman Moodley Attorneys, as the consumer is being given inadequate goods and services from an entire business or in some cases an entire industry.
Having your back protected by the Consumer Protection Act is a calming feeling as, before 2011, there really wasn’t a lot of representation and support.
The Consumer Protection Act is used in terms of protecting consumers’ safety as well. Harm can come to a consumer in terms of health issues such as through buying food which is not up to code.
In the industrial sense, if a system was not checked and malfunctions, causing harm or in some instances death, the supplier is held accountable for not doing the proper checks.
By consumer law, industries have to set up their business in a way which is not only protecting direct consumers but also consumers who are living in the outside world.
What this means is that they have to protect the environment, ensuring that they are not causing so much harm and pollution that future generations will not be able to live, or will find it difficult to live.
Access To Basic Needs And Services
Finally, consumer protection also ensures that prices of basic foods and services are kept as low as possible as to help those with less still be able to survive.
Another aspect which the Consumer Protection Act focuses on is the freedom to be able to have access to information, allowing people to buy devices and such which will help them develop, even if they are from low-income areas.
The Benefits Of Having The Consumer Protection Act
The advantage of the Act is that by consumer law, advertising and marketing campaigns, although meant to be attractive, have to be honest and transparent.
The reason for this is that a company can say anything they want about their goods or services, however, if they cannot deliver, they are responsible for the losses accrued.
Transparency is the most important thing for all companies, and thanks to the Consumer Protection Act, among other laws passed, it is a requirement.
What you purchase is what you should receive. Consumer law states that if a product or service is described and defined in a certain way, and does not come in this way, the consumer is right in terms of wanting a refund.
Some businesses will try to claim that they do not have to give you your money back, however, you are able to to access a lawyer, including Bregman Moodley Attorney, in order to get your claim passed and your money back.
You are guaranteed that you are eligible for a refund as long as the business or industry which you are using is in breach of the Consumer Protection Act.
You are able to hire an attorney, such as Bregman Moodley Attorneys, to help you go through contracts and procedures in order to successfully receive your compensation.
Contact for Bregman Moodley Attorneys more information about their services and what they can offer you.
Finally, when purchasing goods or services which require transportation, such as by train, plane, ships or by automobiles, if there is a delay or a loss of the products, you are entitled to receive your compensation back, or at the very least a product which is given free of charge.
If a business requires you to pay again, including for the transportation, you are legally allowed to utilise your authority as per the Consumer Protection Act and request that they either return your money or give you the product or service which you paid for.
Bregman Moodley Attorneys are a proud law firm, dedicated to helping those who feel as if they have exhausted every alternative route of compensation.
By choosing to work with an established firm, you are choosing quality, competency and most importantly experience.
If you feel that there are no other roads or means to take, choose Bregman Moodley Attorneys.