GONE are the days where telemarketers bombard you with phone calls trying to sell you some insurance, or where you can’t receive a refund for that appliance you purchased that broke on the eighth day.

With the new Consumer Protection Act, which comes into effect on Friday, the rights of consumers are protected rather than the rights of suppliers.

According to Maureen Dickason from the Port Elizabeth Consumers’ Association, all the consumer-related laws and by-laws will, for the first time in South African history, be together under one Act.

“This provides excellent protection for the individual rights of consumers,” Dickason said.

The purposes of this Act are to promote and advance the social and economic welfare of consumers by establishing a legal framework for the achievement and maintenance of a consumer market that is fair, accessible, efficient, sustainable and responsible for the benefit of consumers. It also aims to promote fair business practices, improve consumer awareness and protect consumers from unfair, unreasonable, unjust and improper trade practices, as well as deceptive, misleading or fraudulent conduct.

The Act therefore consists of nine fundamental consumer rights:

• Right of equality in consumer market
• Consumer’s right to privacy
• Consumer’s right to choose
• Right to disclosure and information
• Right to fair and responsible marketing
• Right to fair and honest dealing
• Right to fair, just and reasonable terms and conditions
• Right to fair value, good quality and safety
• Supplier’s accountability to consumers.

Some of the issues that will now be counteracted by this new Act include that companies will no longer be allowed to automatically renew contracts. They will have to contact you, in writing, at least 40 business days before your contract expires and give you the option to continue your contract, change its terms or cancel it.

Another positive for consumers is their right to privacy. According to the new Act, telemarketers may not bombard you with their direct sales during certain times of the day or certain days of the year, which will be determined by the responsible cabinet member. Consumers will also be able to put their name on a pre-emptive blocking registry, hindering them from phoning you.

But the right that will probably benefit consumers the most is the right to fair value, good quality and safety.

This section of the Act deals with the consumer’s right to demand quality service; safe, good quality goods; implied warranty of quality and warranty on repaired goods.

As from this Friday, consumers will no longer have only seven days to return a damaged product for refunding the Act states that consumers will now have up to six months to return faulty or unsafe goods. And better yet, you get to choose which “R” you would like the supplier to do refund, replace or repair.

If you choose to repair it and the product fails again within three months, the supplier has to replace it or refund you this time the supplier chooses which one.

This applies only to the general wear and tear of your appliances, not gross negligence on your part.

“If there is a flaw/fault in the product, then the retailer calls in the supplier who has to become involved in solving the problem,” Dickason said.

Sources: Government Gazette (Vol. 526) and KPMG (The Consumer Protection Act Advisory)