Description
Book SynopsisThe recent introduction of the Consumer Protection Act revolutionised consumer rights in South Africa. Along with that, it also fundamentally altered the way in which businesses are required to treat their clients, imposing a new set of obligations - or at least a formalised set of responsibilities - that had been easily circumnavigated or simply ignored before. Marketing campaigns, returns policies, contracts, quality issues, and a host of business practices had to be reviewed and reappraised. Some businesses have done this, while many blithely continue as if nothing has changed, little appreciating the risks of non-compliance and - perhaps more importantly - failing to appreciate that treating consumers fairly is simply a sound business practice. This new work provides a comprehensive overview of consumer law - not just the Act - in a way that follows the typical chain of consumer transactions. It serves to guide, educate and enlighten the professional, the business person and the consumer alike. No business or professional adviser should be without it. Written by a leading specialist in the field, it is simple, clear, comprehensive, authoritative and accessible.
Table of ContentsIntroduction: What is consumer law?: An introduction to consumer law; An explanation of the approach taken in the publication. The sources of consumer law: The aim of this chapter: How do you know what legislation is applicable to you?; The CPA: the 'constitution' of consumer law; Industry legislation; 1A short outline of important pieces of industry legislation; The relationship between the CPA and industry legislation; The common law: a non-legislative source; What is it?; Is it still relevant?. The art of compliance: Risks of non-compliance; Legal risk; Financial risk; Reputational risk; Benefits of compliance. Marketing: Sources of marketing law; Responsible marketing; Specific practices; Direct marketing; Promotional competitions; The consequences of irresponsible marketing; How is it policed?. Contracting: Consumer contracts; The use of standard terms and conditions ('fine print'): is it really worth it?; What can be in a consumer contract?; How must a consumer contract be concluded?; Mitigating your risk; Important terms in contracts with your service providers and suppliers; The benefits of communicating in a language which the consumer understands. Post-purchase quality problems: What are the consumer's rights?; Returns policies; What must be in them?; How must they be managed? Complaints management: The importance of sound complaints management; A short guide to complaints management. Consumer law police: Who are the consumer law police?; What are their powers?; How can you manage your relationship with the legislative bodies?