This section does not apply to any agreements between juristic persons, consumers and banks and transaction involving franchises. If a f i xed term contract ends only after 1 April 2013, consumers automatically receive some of the rights in the CPA after 1 April 2011, even i f these conf l ict with the t er ms of t he contract. Fi xed t er m investments were exempted from the provisions of the CPA because of the benefits consumers receive from it.
It is also no use for companies to hide their cancellation terms in the f ine print of an agreement, because this is also outlawed by the CPA, which prohibits f ine print and unfair contract terms, in particular those terms that require you to give up your rights in terms of the CPA. Where to complain Consumers who want to complain about the abuse of f i xed term contracts can send their complaints to the National Consumer Commission, which was established by the Consumer Protection Act to handle complaints in terms of the CPA.
Send an email to NNetshitomboni@ thencc.co.za, or call the commission on 086 026 6786 or send a fax to 086 151 5229 or a letter to the National Consumer Commission, Private Bag X84, Pretoria, 0001.
Ina Opperman is the co-author of Understanding the Consumer Protection Act published by Juta.