Consumer Protection & POPI

POPI Compliance Certification

With the introduction of the Protection of Personal Information Act 4 of 2013 (referred to as “POPIA” or “the POPI Act”) and the publication of the final Regulations in the Government Gazette no 42110 on the 14th of December 2018, numerous businesses asks the same question: “How do I become POPIA Certified or obtain a POPIA compliance certification?”. Besides the requirements and objectives to achieve in accordance with the POPI Act, the Information Regulator has not yet set up a system...

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Can a medical practitioner charge for a cancellation?

The Consumer Protection Act (CPA) addresses cancellations and specifically provides a consumer the right to cancel an advance reservation, booking, or order. This in turn provides the right to a Supplier to charge a reasonable cancelation fee, taking the following into consideration: The nature of the goods or services that were reserved or booked.The time the notice of cancellation was provided by the consumer.The reasonable potential for the service provider, acting diligently, to find an...

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Kan ‘n mediese praktisyn ‘n kansellasiefooi hef?

Die Wet op Verbruikersbeskerming (VBW) hanteer kansellasies en gee spesifiek aan 'n verbruiker die reg om 'n voorskot bespreking, ‘n bespreking of ‘n bestelling te kanselleer. Dit bied op sy beurt die reg aan 'n Verskaffer om 'n redelike kansellasiefooi te hef, in aggenome die volgende: 1. Die aard van die goedere of dienste wat gereserveer of bespreek is. 2. Die tydperk van die kennisgewing van kansellasie wat deur die verbruiker verskaf is. 3. Die redelike potensiaal vir die diensverskaffer...

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Prepaid service and CPA

Section 64 of the Consumer Protection Act, Act 68 of 2008 (CPA) provides that in the event that a consumer agrees to pay a once-off membership fee or an amount for access to services, in terms of which such services are provided at a date more than 25 business days after payment is made, such prepayment for services to be provided remains the property of the consumer until the full membership fee or amount has been used. In the event the facility that provides such services closes down, they...

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Selling Your Car – What does the CPA Say?

The introduction of the Consumer Protection Act 68 of 2008 (CPA) has brought about a lot of confusion in the second-hand goods industry, in particular, second-hand vehicles. In this article, we will look at how the court assessed the impact of the CPA on second-hand vehicle sales in the case of Ncc Vs Western Car Sales Cc T/A Western Car Sales (2017). Ms Van Lil purchased a second hand vehicle with high mileage, which started exhibiting problems a week after purchase. Western Car Sales CC t/a...

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POPI Regulations: Consent to direct marketing

The Information Regulator has tabled the Protection of Personal Information (POPI) Regulations in Parliament on 03 December 2018 and the Regulations were published in the Government Gazette on 14 December 2018. The new POPI regulations have an impact on processing personal information for the purpose of direct marketing. Regulation 6 stipulates that a responsible party who wishes to process personal information of a data subject for the purpose of direct marketing by electronic communication,...

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Seminar On The Consumer Redress System

The Consumer and Corporate Regulations Division (CCRD) at the Department of Trade and Industry held a seminar on 4 & 5 March 2019 at the office of the National Consumer Commission (NCC) to discuss consumer redress issues in the South African motor industry.   Key role players, including SEESA, implicated in the process of consumer complaints handling were invited in order to share strategies and mechanisms on how the current system can be made more effective. Great emphasis was placed...

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Consent is not a simple answer to POPI legislation

Consent, as one of the justification grounds for lawful processing of information, can frequently be interpreted as meaning that one simply needs to obtain a “yes” from a data subject. This is not the case. The Responsible Party will always bear the burden of proof in that consent has been properly obtained from the data subject. The business must keep proper records in order to prove that the consent was obtained. The concept of consent can be complex and found in a variety of sections of the...

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Consumers Rights When It Comes To Direct Marketing

We have all received the unwanted unknown caller phone calls and answered it thinking “what if it is an emergency of a family member etc.” only to be pestered by the unwanted direct marketing calls. These days, one can install an application on your mobile, to identify spam and/or marketing calls, but it seems that the marketing companies have multiple numbers from which they phone and all of them have not been blocked on these applications. There are a few things that you should know as a...

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When Do You Lose Your Right To Sought Relief?

As per Section 56 of the Consumer Protection Act 2011 (CPA), a consumer, as defined in the CPA, has the right to a refund, repair or replacement of goods. This is only up to a certain point. This right may only be exercised within 6 months of the date of transaction and if the goods are of inferior quality, unsafe or defective. What can be done in the event of a vehicle break-down within 6 months of purchase? In terms of the CPA, a consumer’s first step in resolution is to attempt to resolve...

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