South Africa

Consumer Protection Act compliance, made simple

23 yes/no questions on how you sell to consumers under the Consumer Protection Act: marketing and prices, contracts and plain language, delivery, quality and returns, and services. You get a score for each area and a list of gaps with what to do about each one.

ComplianceDesk gives you 17 pre-built Consumer Protection Act controls, an evidence vault, audit-ready reports, and reminders before anything falls overdue — so proving Consumer Protection Act compliance stops being a spreadsheet exercise.

How ready is your business for Consumer Protection Act?

Take the free self-assessment: a score for each area and a list of gaps to close.

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What is Consumer Protection Act?

23 yes/no questions on how you sell to consumers under the Consumer Protection Act: marketing and prices, contracts and plain language, delivery, quality and returns, and services. You get a score for each area and a list of gaps with what to do about each one.

Official name
Consumer Protection Act
Status
In force. Shown as in force as we understand it. Check the current text with the regulator or an attorney, since provisions can be amended or commence at different times.

Who it applies to

  • Whether it applies to you depends on your size, activities and licences. Use the free "Which laws apply to me?" checker, or read the first section of the self-assessment.
  • The Act applies to businesses that sell goods or services to consumers. Answer Not applicable in this section only if you never sell to individuals or small businesses.

What you have to do

Marketing and prices

A business should be able to show that it can answer yes to these: Are your advertisements, quotes and sales claims truthful, so that nothing false, misleading or deceptive is said or implied about your goods, prices or services? Do you display a price for every item or service you advertise for sale, and charge no more than the displayed price? If you advertise a sale or a reduced price, is the reduction real, and is the period of the offer and any limit on stock made clear? Do you avoid high-pressure, harassing or unfairly persuasive selling, and avoid taking advantage of a consumer who cannot properly protect their own interests? If you sell by direct marketing (phone, door to door, email or messaging), do you let people opt out, avoid contacting them at unreasonable times, and keep your list lawful under POPIA as well? Do you give consumers a five business day cooling-off period on direct-marketing sales (unless the Electronic Communications and Transactions Act applies instead), and refund within 15 business days?

Contracts and plain language

A business should be able to show that it can answer yes to these: Are your contracts, terms and notices written in plain language that an ordinary consumer, with average literacy and little experience of what you sell, could understand without undue effort? Are the terms that limit your liability, make the consumer take on risk, require them to indemnify you, or ask them to acknowledge a fact brought clearly to their attention before they agree? If an activity or facility carries an unusual risk, or a risk of serious injury or death, do you point out its nature and effect and get the consumer's signature or initials? Have you checked your standard terms for unfair, unreasonable or unjust terms, and for terms the Act prohibits, such as ones that waive the consumer's rights under the Act? If you sell on fixed-term agreements, do you tell the consumer in good time before expiry, and avoid automatic renewal that disadvantages them? Do you give consumers a written record of each transaction showing your name, VAT number (if any), address, the date, a description of the items, unit prices and quantities, and the total with tax shown?

Delivery, quality and returns

A business should be able to show that it can answer yes to these: Do you deliver goods or perform services on the agreed date and time (or within a reasonable time if none was agreed), at the agreed place and at your own cost for delivery? Do goods stay at your risk until the consumer accepts them, and can the consumer examine them on delivery? Do your goods meet the standard of being safe, of good quality, free of defects and fit for their purpose? If goods fail the quality standard within six months of delivery, do you repair, replace or refund at the consumer's choice, at your cost? Do your price tags, labels and packaging accurately describe the goods, including any required trade description or labelling? If you sell reconditioned, used or grey-market goods, do you say so clearly? If you are a producer, importer, distributor or retailer, do you understand you can be liable for harm caused by unsafe goods, whether or not you were negligent, and have you checked your product liability cover?

Services and complaints

A business should be able to show that it can answer yes to these: When you undertake a service, do you complete it on time, give timely notice of unavoidable delays, and perform it in a manner and quality people are generally entitled to expect? If you need goods to do the work, are they free of defects and of the expected quality, and do you return a consumer's property in at least as good a condition as you got it? If a service falls short, do you remedy the defect or refund a reasonable part of the price, as the extent of the failure warrants? Do you have a simple way for consumers to complain, and do you answer within a reasonable time and without retaliating against someone who asserts their rights?

How to comply, step by step

  1. Marketing and prices. Have someone other than the author check every claim against the facts before it goes out, and keep the evidence for any 'best', 'cheapest' or 'guaranteed' claim. Check shelf, shop-window, website and quote prices against the till or billing system, and have a rule for correcting price errors. Record the normal price and the dates of each promotion, and state any stock limit in the advertisement. Answer Not applicable if you run no promotions. Give sales staff a written code of conduct. Review commission schemes that reward pressure tactics. Add an easy opt-out to every message, keep a suppression list, and see the POPIA assessment for direct-marketing consent. Answer Not applicable if you do no direct marketing. State the cooling-off right in your direct sales paperwork and set a rule to refund within 15 business days. Answer Not applicable if you do no direct marketing.
  2. Contracts and plain language. Rewrite long or legal-sounding terms in short sentences, with headings. Test them on someone outside your business. Move such terms out of small print, put them on the front of the form or in a clearly marked box, and make sure the customer sees them before paying or signing. Draft a specific risk warning and an indemnity that the consumer signs or initials. Answer Not applicable if you have no such activity. Have an attorney review your standard terms against the unfair-term and prohibited-term rules. Calendar a reminder to every fixed-term customer before expiry and give a clear way to cancel. Answer Not applicable if you offer none. Check that your invoice or slip template carries every item. Online sales may fall under the Electronic Communications and Transactions Act instead.
  3. Delivery, quality and returns. Record delivery dates in each order, and tell customers promptly of any delay. If you deliver late or to the wrong place, the consumer can cancel without penalty. Make sure your courier terms and insurance reflect that you carry the risk until acceptance. Add quality checks before sale, and keep records of supplier quality and complaints. Write a returns policy that matches the six-month right, train staff on it, and don't let notices claim 'no refunds' on faulty goods. Check labels against the product and the labelling rules for your category. Mark such goods as reconditioned or used on the item and on the invoice. Answer Not applicable if you sell none. Check your insurance and your supplier contracts for recall and liability arrangements.
  4. Services and complaints. State timelines in the quote, update customers on delays, and hold a quality check before sign-off. Take a condition record when you receive a consumer's property, and check materials before use. Write a service-failure procedure with a clear remedy, and train the team to apply it. Publish a complaints route (email, phone, address), keep a complaints log with outcomes, and tell consumers that they may go to the National Consumer Commission or a relevant ombud.

Sources and review status

Compiled from the public sources below. It is not legal advice and has not been reviewed by a lawyer. Last researched 2026-10-31. This is general information, not legal advice. Laws change, so check the current text and the regulator's notices before relying on it.

Every Consumer Protection Act control, organised for you

The real control library ComplianceDesk seeds the moment you activate Consumer Protection Act — 17 controls across 6 categories.

Fair Marketing & Advertising

  • CPA-1.1 Marketing and advertising free of false or misleading claims
  • CPA-1.2 Trade descriptions and sales records comply with section 24
  • CPA-1.3 Promotional competitions conducted lawfully

Right to Fair Value, Safety & Quality

  • CPA-2.1 Implied warranty of quality honoured
  • CPA-2.2 Product safety monitoring and recall process in place
  • CPA-2.3 Quality and durability information disclosed

Fair & Responsible Marketing

  • CPA-3.1 Bait marketing and overselling prohibited
  • CPA-3.2 Negative option marketing and pre-ticked consents avoided
  • CPA-3.3 Direct marketing opt-out (do-not-contact) honoured

Fair Contract Terms

  • CPA-4.1 Consumer agreements in plain and understandable language
  • CPA-4.2 Unfair, unreasonable or unjust contract terms avoided
  • CPA-4.3 Cooling-off rights for direct marketing transactions honoured

Equality in the Consumer Market

  • CPA-5.1 No unfair discrimination in access to goods and services
  • CPA-5.2 Equal pricing and terms applied to similarly placed consumers

Supplier Accountability

  • CPA-6.1 Defective, unsafe or hazardous goods remedied
  • CPA-6.2 Consumer complaints and redress process maintained
  • CPA-6.3 Liability for harm caused by goods addressed (product liability)

Frequently asked questions

How can I check where my business stands on Consumer Protection Act?

Take the free self-assessment. It scores each area, lists your gaps with what to do about each one, and does not say you are compliant. You can save the result to ComplianceDesk to turn each gap into a task with an owner and a due date.

Is this guide written by a lawyer?

No. It was assembled from the public sources listed below and has not been reviewed by a lawyer. Treat it as a starting point and check the current law before relying on it.

How many controls does ComplianceDesk track for Consumer Protection Act?

17, organised into 6 categories, ready to assign to an owner as soon as you activate the framework.

Can I track Consumer Protection Act alongside other frameworks?

Yes — most teams activate several frameworks at once. Controls that overlap across frameworks can share the same evidence, so you don't collect the same document twice.

How long does it take to set up Consumer Protection Act in ComplianceDesk?

Activating Consumer Protection Act instantly seeds its full control library. Most teams assign owners and get their first controls moving within a day.

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