Study Set Content:
1- Flashcard

S 1 & S 32 What is the definition of direct marketing?

Approaching a person in person/mail/electronic communication, for the direct/indirect purpose of promoting/offering to supply, in the ordinary course of business, any goods or services to the person, or requesting the person to make a donation of any kind for any reason.

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2- Flashcard

S 11 consumer has a right to...

restrict unwanted direct marketing.

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3- Flashcard

S 11(6) The minister regulates...

the time for contacting consumers at home for purposes of direct marketing.

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4- Flashcard

S 11 Direct marketing is relevant to consumer's..

  1. right to privacy
  2. cooling off right
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5- Flashcard

S 11(1) Right to privacy includes..

right to refuse an approach/communication or to require that it be discontinued/blocked, if such approach is primarily for the purposes of direct marketing

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6- Flashcard

S 11(3) NCC may establish/recognize as authoritative, a registry...

In which any person may register a pre-emptive block against any communication that is primarily for the purpose of direct marketing.

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7- Flashcard

S 12 and Reg 4 states the

Contact time with consumers - times for restricted direct marketing

NOT: Sundays or public holidays

NOT: Saturdays before 9:00 and after 13:00

NOT: any other day between 20:00 and 8:00

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8- Flashcard

S 12 and reg 4 not applicable where

... consumer expressly or implicitly requested or agreed to be contacted in those times.

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9- Flashcard

A consumer’s right to privacy and the regulation of unwanted or unsolicited communications with regards to electronic communications and transactions...

...are protected ito the Electronic Communications and Transactions Act

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10- Flashcard

The CPA should thus be interpreted with the..

  1. ECTA 25 OF 2002
  2. POPI 4 OF 2013
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11- Flashcard

Protection of Personal Info Act (POPI ACT) -

  1. aims to promote the protection of personal info processed by public and private bodies
  2. provides for the rights of persons regarding unsolicited electronic communications and automated decision-making.
  3. introduces codes of conduct as well as to establish min requirements for the processing of personal info
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12- Flashcard

S 16 consumer’s cooling-off right..

only given to a transaction that is subject to the CPA and is the result of direct marketing.

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13- Flashcard

S 16 Consumer has right to

cancel a particular kind of agreement

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14- Flashcard

S 16(3) Consumer may step outside agreement without breach/without reason or penalty...

by noticing supplier in writing/ other recorded manner or form within 5 business days after the date on which the agreement was concluded or the goods were delivered to the consumer if result of direct marketing

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15- Flashcard

S 16(1) Cooling off right...

Not applicable where: s44 of the ECTA applies to it

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16- Flashcard

S 16 cooling off right not in substitution for any right to...

rescind a transaction or agreement that may exist in law between a supplier and consumer.

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17- Flashcard

S 16 if consumer cancels...

Supplier must return payment

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18- Flashcard

Supplier must return the payment within...

15 days after consumer delivers the goods or 15 days after receipt of the notice.

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19- Flashcard

Supplier must not attempt to collect any payment where the consumer is exercising their cooling off right unless it falls within...

section 20(6)

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20- Flashcard

Section 20(6): when supplier may charge fee ito goods returned by consumer

The supplier can deduct costs if the value of thing has depreciated

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