The Consumer Protection Act 68 of 2008 (CPA) is a safety net for consumers; it protects consumers from misleading, unfair or fraudulent conduct and seeks to promote a fair, accessible and sustainable marketplace for consumer products and services.
The Act sets out a general uniform standard for the marketing of goods and services and prohibits a supplier from marketing goods or services in a manner that is likely to create a false, misleading, fraudulent or deceptive representation in respect of those goods or services.
According to Section 36 of the Act, a supplier may not tell consumers that they have won a competition if:
- there is no competition;
- the person has not won;
- the prize for that competition is subject to a previously undisclosed condition
- the person must pay more money to win the prize.
An offer to participate in a promotional competition must clearly state:
- the benefit or competition to which the offer relates;
- the steps required by a person to accept the offer or to participate in the competition;
- the basis on which the results of the competition will be determined;
- the closing date for the competition;
- the medium through or by which the results of the competition will be made known; and
- how a person may obtain a copy of the competition rules as well as how a successful participant may receive the prize.
SERVICES OFFERED BY THE OFFICE OF THE CONSUMER PROTECTOR ARE PROVIDED FREE OF CHARGE AS LONG AS THE COMPLAINT FALLS WITHIN THE AMBIT OF THE OFFICE.SHARE CALL NUMBER: 0860 007 255; EMAIL: Charnette.Ferreira@dedea.gov.za.
