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Overview of the Consumer Protection Act, 2007

10. Aggressive Commercial Practices

The Act prohibits traders from engaging in aggressive commercial practices. Harassment, coercion, or exercising undue influence are prohibited under the Act.

Pressurising, intimidating and taking advantage of vulnerable consumers are examples of harassment.

Among the types of aggressive practices are:

  • Use of threatening or abusive language or behaviour, and
  • Exploitation of a consumer's misfortune or circumstance when the trader is aware that the consumer's judgment is impaired

11. Prohibited Practices

The Act lists 32 commercial practices which are prohibited in all circumstances. False claims such as:

  • The trader has the endorsement of a regulatory or approved body
  • About to cease trading
  • Cures for illnesses
  • Indicating that a product is 'free' when it costs the consumer more than the reasonable costs to respond to the representation or collecting the product or having it delivered,
  • Limited availability to encourage quick sales
  • Running promotions/ competitions without awarding the prizes described or reasonable equivalents
  • Disguised business sales
  • False invoicing
  • Exhortations directed at children
  • Demanding payment for unsolicited goods

 

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