Although many of the CPA’s provisions have not yet been tested by the courts
we at RM Tucker Attorneys believe that it offers a set of valuable guiding principles for the suppliers of goods and services – and is a useful piece of legislation in the hands of informed consumers.
When does the Consumer Protection Act apply?
If you deal with consumer or franchise agreements, Section 5 of the Consumer Protection Act (CPA) covers every “transaction” for the “promotion of goods or services”, which includes the sale of goods and provision of services. There are, of course, exceptions, so once you’ve established the relevance of the CPA to your business, there are various provisions to protect the interactions/transactions between suppliers and consumers. These provisions place certain obligations on suppliers and give certain rights to consumers, and vice versa.
Why does the Consumer Protection Act exist?
The CPA exists to:
- promote a fair, accessible and sustainable marketplace for products and services,
- to establish national norms and standards relating to consumer protection,
- to provide for improved standards of consumer information,
- to prohibit certain unfair marketing and business practices and, among other things,
- to promote responsible consumer behaviour.
Some examples of the CPA’s real-world application
- adverse to the consumer,
- false, misleading or deceptive,
- unfair, unreasonable, unjust or unconscionable, or
- not sufficiently drawn to consumers’ attention.
Music & Entertainment Law