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CPA Unit 4
- Course
- VBB 220
- Institution
- University Of Pretoria (UP)
VBB notes
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By: tumetsepilane • 2 year ago
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Gauke Buyl [DO NOT DISTRIBUTE]CPA UNIT 4 – RIGHT TO PRIVACY & CONSUMER
COOLING-OFF RIGHT
Study material:
- ss1, 11,12, 16 and 32 CPA 68/2008
- Regulation 4 CPA 68/2008
- Nagel et al (2019) paras 41.28-41.31 and 41.43-41.44
❖ Gives effect to Constitutional Right to Privacy
❖ Consumers right to privacy is protected by = PART B OF CHAPTER 2 OF THE
CPA
o Consumer has a right to restrict unwanted direct marketing
o The minister may regulate the time for contracting consumers at home –
for purposes of direct marketing
Definition of direct marketing = Section 1 together with section 32 – NB
1. Means to approach someone (supplier /agent of a supplier approaches) →
either in person/ post, mail / electronic communication → for direct / indirect
purpose of promoting / offering supply G/S to that person (consumer) → in
ordinary course of business → or to request donation of any
nature/purpose
It is the supplier that has to approach the consumer = for it to be direct marketing
Section 32 - NB
1. Direct marketing is relevant not only to the consumer right to privacy
2. But also with regard to the consumers cooling off right [Section 16]
3. And unsolicited goods [Section 21]
Standard form / example Annexure C – CPA Regs
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