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Consumer Protection

The Consumer Protection Act (CPA) can be singled out as one of the most comprehensive pieces of legislation affecting businesses in South Africa.

The purpose of the Act is to protect the interests of all consumers, ensure accessible, transparent and efficient restitution for consumers who are subjected to abuse or exploitation in the marketplace and also to give effect to internationally recognised consumer rights.

The CPA has replaced five other pieces of legislation and combined all the provisions into one Act. In addition, more than a hundred other Acts are affected by the Consumer Protection Act.

The overlapping of the CPA with other legislation such as the Electronic Communications Act and National Credit Act is exposing the average business owner in South Africa to different kinds of risk associated with these legislation.

Consumer legislation poses the following consequences for all suppliers in the supply chain, with serious financial implications and even closure of a business if not dealt with timeously and in the correct manner:

  • Forfeiture of unsolicited goods without receiving payment
  • Search and seizure powers for inspectors
  • Fines of up to 10% of annual turnover
  • Liabilities and damages payable to consumers even where the supplier is not acting negligently or intentionally
  • Minimum warranties and guarantees are required
  • Illegal marketing methods are identified and prevented
  • Fixed-term agreements with consumers are regulated

SERR Synergy assist businesses to comply with provisions of the:

  • Consumer Protection Act (CPA)
  • Electronic Communications Act
  • National Credit Act (NCA)

Our value-adding Consumer Protection service:

    • Advice to align all documents and processes with the above legislation, e.g. money back guarantees, cooling off periods, direct marketing, marketing and advertising campaigns etc.
    • Providing guidelines as per the Consumer Protection Act (CPA) with regard to fixed-term agreements or contracts that apply to transactions entered into with a natural person and not with a juristic person.
    • Review of all documents such as:
      • Labels
      • Marketing material
      • Supplier contracts (term and conditions)
      • Invoices, etc.
    • Continuous advice and assistance in dealing with legal enquiries relating to clients’ product or services
    • Draft terms and conditions and audit of promotional competitions
    • Assist in the operational, evaluation and auditing of corporate social responsibility programs
    • Circumventing legal disputes and civil action by dealing with disputes in the prescribed manner
    • Assistance with any dispute at the Consumer Commissioner or tribunal
    • Advice and assistance with compliance orders
    • CPA training on updates of legislation

Our Unique Guarantee

In the event of any legal dispute in any legal forum such as tribunals, civil courts or criminal courts, SERR Synergy shall be responsible for all legal expenses up to R150 000 (one hundred and fifty thousand rand) per annum, incurred by a business in defending any document or policy amended or implemented on our advice as part of our service.

Download our Consumer Protection services brochure.