Consumer Law

Your Rights in terms of the Consumer Protection Act

The Consumer Protection Act, 2008 (“CPA”) entitles you, as the consumer, to protect and enforce your rights. As a way of marketing their products, some suppliers supply potential consumers with samples to ‘test’ at home.  In some instances, this piques the consumers’ interest and nudges them toward buying the particular product.  However, there are times where a sample product differs [...]

By | 10th April, 2019|Consumer Law, Contract Law, PPM Attorneys|

Do not click on that link – it might be a phishing email

Many people have been swindled out of their hard-earned money due to lack of information on fraud.  On a daily basis, fraudsters prowl the internet in search of their next victim. Do not become the next victim!  The rule of thumb is “if an offer looks too good to be true, it probably is.” Joe received an email on his [...]

By | 8th February, 2019|Consumer Law, Contract Law, Cybersecurity, Information Security, PPM Attorneys|

Who is Liable for the Listeria Outbreak?

Who is Liable for the Listeria Outbreak?   A deadly outbreak of listeria, which has claimed up to 180 lives, has been narrowed down to the source.  The Minister of Health Aaron Motsoaledi announced on Sunday that the recent outbreak of listeriosis has been traced to Enterprise’s Polokwane Facility. Chief Executive Officer at Tiger Brands, Lawrence MacDougall has subsequently suspended [...]

By | 13th March, 2018|Consumer Law, Delict, Foodstuffs|

HOW THE CONSUMER PROTECTION ACT LIMITS YOUR FREEDOM

The Consumer Protection Act 68 of 2008 (“the CPA”) is one of the simplest pieces of legislation – and consequently, it provides for the plain and simple language in consumer contracts.   The law of contract is regulated by common law and the CPA seeks to create statutory obligations to impact the common law of contract.  As a result, the CPA [...]

By | 10th October, 2017|Consumer Law, PPM Attorneys|

WHO DO CONSUMERS COMPLAIN TO IF THEY WATCH OR HEAR AN ADVERT WHICH OFFENDS THEM AND WHAT IS THE RECOURSE PROVIDED TO THEM?

The Advertising Standards Authority (“ASA”) has a Code of Advertising Practice (“the Code”).  The Code sets out guidelines and/or principles which must be complied with when advertising.  These Codes apply to every type of advertising, every sector and any medium of advertising. The Code contains 19 clauses which deal with different elements.  This article deals with clause 1 of section [...]

By | 6th March, 2017|Advertising law, Consumer Law, PPM Attorneys|

Mars caught in “the soup”

The Advertising Standards Authority (“ASA”) has recently released its finding on the complaint laid by Unilever against Mars. In its complaint, Unilever alleged that Mars was using misleading packing for its Royco soup. The packing of the soup contained the words “for every pack you buy, you feed a hungry child”. Unilever argued that consumers purchasing the soup were being [...]

By | 1st October, 2013|Advertising law, Consumer Law, PPM Attorneys|

Customers’ frustrations due to the inefficiencies of the CIPC

The newly formed Companies and Intellectual Property Commission (“CIPC”), established “with the aim of promoting growth, employment, innovation, stability, good governance, confidence and international competitiveness.” Further stated on the CIPC’s website, is that it “seeks to assert the commission as a credible independent and transparent regulator, on par with the rest of the world.” We have to use CIPC to [...]

By | 1st March, 2013|Commercial Law, Company Law, Consumer Law, IP Law, Legal Practice, PPM Attorneys|

The national credit act: An overview

1. Introduction The National Credit Act, Act 34 of 2005, is by many standards a relatively new piece of legislation. The NCA, as it is commonly referred to, is yet to be properly understood by the ordinary consumer, with whom in mind, it was created. The preamble states that the purpose of the NCA is to “to promote a fair [...]

By | 1st April, 2009|Consumer Law, PPM Attorneys|

From the consumers’ perspective: a practical application of sections 14a and 14b of the pension funds act 24 of 1956 as amended.

It is a supported view that the primary objective of enacting the numerous amendments to the Pension Funds Act has always been to enhance the protection of pension interests of fund members, given that dedicated contributions towards their retirement often extend across their lifetimes and serve as the most significant source of saving for most individuals in formal employment.[1] The [...]

By | 1st July, 2008|Consumer Law, PPM Attorneys|