Consumer Protection Act, 2008 (Act No. 68 of 2008)

Chapter 2 : Fundamental Consumer Rights

Part E : Right to fair and responsible marketing

31. Negative option marketing
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1)A supplier must not—
a)promote any goods or services;
b)offer to enter into or modify an agreement for the supply of any goods or services; or
c)induce a person to accept any goods or services or to enter into or modify such an agreement,

on the basis that the goods or services are to be supplied, or the agreement or modification will automatically come into existence, unless the consumer declines such offer or inducement.

 

2)An agreement purportedly entered into as a result of an offer or inducement contemplated in subsection (1) is void.

 

3)A modification of an agreement purportedly agreed to as a result of an offer or inducement contemplated in subsection (1) is void.