With the CPA in force since April this year, the National Consumer Commission has not wasted time in clamping down on those who transgress the law. FASA has had the Commissioner's KZN office request details of our members in that province in order to inspect their franchise agreements and disclosure documents to ensure compliance. For those who still need to get their house in order and comply with the CPA, let this be a warning – the Consumer Commissioner is out to get those who do not comply with the CPA – as the following examples show.
The Commission puts a brake on it
On Friday, 2 September 2011 the National Consumer Commission ordered BMW South Africa in one of its dealerships to replace a customer's defective vehicle within 15 days or to be faced with a fine of 10% of its annual turnover. This is just one of a number of compliance notices that have been issued by the Commission against motor vehicle industry players. Without going into the merits of the alleged complaints, it is clear that the Commission, which was established in April to enforce the new Consumer Protection Act, is not to be treated lightly. If you have any questions and/or queries please don't hesitate to contact Simone Monty at 011 775 6335 or firstname.lastname@example.org
Cell Operators not complying will be heavily fined.
Mamoduphi Mohlala, the National Consumer Commissioner has given cell operators 8ta, MTN, Vodacom and Cell C until the 31 October 2011 to comply with the CPA or face a fine of up to 10% of their annual turnover. All of them were found to be in breach of the CPA in terms of their contracts with their customers. This included breach of issues such as the handset refund or replacement situation where if a consumer had received a faulty handset they were entitled to it being either replaced or accepting a refund. Another bone of contention was that of providing quality of service on their networks, another CPA stipulation.