Consumer Protection Law
The National Credit Act of 2005 (‘NCA’), Consumer Protection Act of 2008 (‘CPA’) and Protection of Personal Information Act 4 of 2013 (‘POPI’) are three current pieces of consumer legislation that are aimed at suppliers, credit providers and responsible persons.
Bregman Moodley Attorneys can assist with consumer protection to promote fairness, justice, compliance with the law, and mitigation of risk. We can help to ensure that the supplier, credit provider or responsible parties understand their compliance duties so that they mitigate risk and reduce their liability towards a consumer.
We work closely with Dr Sarah-lynn Tennant who holds an LLD in consumer law. She is an Attorney and has lectured at both public and private tertiary institutions. Dr Tennant has published multiple journal articles on consumer law.
The above three pieces of legislation overlap, by having the same focus of offering consumer protection, despite being distinct areas of law. For example, if a credit provider offers goods on an instalment sale agreement then the financial aspects are governed by the NCA; the actual supply of the goods by the supplier must comply with the CPA, for example, the goods must carry a warranty of 6 months against defects; and a responsible party must process its consumer’s personal information lawfully, such as safeguarding his or her contact details, bank account details, the provisions of the credit agreement and the like. In this scenario, the credit provider, supplier, and responsible party may be the same person.
The NCA allows for a balance of rights to be struck between the consumer and the credit provider. The person who needs to comply with the NCA is named the credit provider.
The CPA also focuses on the protection of the consumer but without specifically requiring a balance of rights to be struck between the consumer and supplier. However, all common law rights are retained by the CPA which will offer protection to the supplier. It applies to goods and services that are promoted or supplied in the ordinary course of business and for consideration. The person who needs to comply with the CPA is named the supplier.
POPI ensures the protection of a person’s constitutional right to privacy of their personal information, which is any information relating to an identifiable existing person. POPI is founded on eight general principles plus specific principles. The person who needs to comply with the POPI is named the responsible party.
If you require our help to ensure legal compliance, contact us today.
The Background: Bitventure Consulting, a company that provides consulting services to government departments and public entities, hired Carina Smit as a senior consultant. When Carina
Written by Dr Sarah-lynn Tennant. This is a summary of an article written by Dr Tennant. Interested readers can view her detailed analysis here. Defective