Consumer Law Unlocked

Elizabeth de Stadler (BA, LLB (Stell)) is an attorney specialising in the Consumer Protection Act 68 of 2008 ("the CPA") and consumer law generally. She graduated from the University of Stellenbosch in 2005, completed her articles and practised as an attorney at Webber Wentzel Attorneys in Johannesburg from 2006 to 2009. She is currently enrolled for a LLM at the University of Cape Town. Her dissertation is a comparative study of the CPA, the EU Directives on consumer protection and the UK Sale of Goods Act. She has been involved in conducting compliance exercises and training in respect of the CPA since the publication of the draft third draft of the CPA in 2007, and boasts several listed companies as her clients. She conducts regular workshops and training sessions on the CPA and other consumer legislation for businesses and for Professional Development Project of the Faculty of Law, UCT, and a unit situated within the Law Faculty at the University of Cape Town. She is also the co-author of a consumer law textbook and a guide to plain language legal drafting, both of which are to be published by Juta Law, a contributor to the 2ed of The Law of Contract in South Africa published by Oxford University Press and is the editor of the Consumer Law Review published by Juta Law.

Introduction: What is consumer law?: An introduction to consumer law; An explanation of the approach taken in the publication. The sources of consumer law: The aim of this chapter: How do you know what legislation is applicable to you?; The CPA: the 'constitution' of consumer law; Industry legislation; 1A short outline of important pieces of industry legislation; The relationship between the CPA and industry legislation; The common law: a non-legislative source; What is it?; Is it still relevant?. The art of compliance: Risks of non-compliance; Legal risk; Financial risk; Reputational risk; Benefits of compliance. Marketing: Sources of marketing law; Responsible marketing; Specific practices; Direct marketing; Promotional competitions; The consequences of irresponsible marketing; How is it policed?. Contracting: Consumer contracts; The use of standard terms and conditions ('fine print'): is it really worth it?; What can be in a consumer contract?; How must a consumer contract be concluded?; Mitigating your risk; Important terms in contracts with your service providers and suppliers; The benefits of communicating in a language which the consumer understands. Post-purchase quality problems: What are the consumer's rights?; Returns policies; What must be in them?; How must they be managed? Complaints management: The importance of sound complaints management; A short guide to complaints management. Consumer law police: Who are the consumer law police?; What are their powers?; How can you manage your relationship with the legislative bodies?