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Consumer Protection Act, 2008 (Act No. 68 of 2008)

Chapter 2 : Fundamental Consumer Rights

Part F : Right to fair and honest dealing

40. Unconscionable conduct



1) A supplier or an agent of the supplier must not use physical force against a consumer, coercion, undue influence, pressure, duress or harassment, unfair tactics or any other similar conduct, in connection with any—
a) marketing of any goods or services;
b) supply of goods or services to a consumer;
c) negotiation, conclusion, execution or enforcement of an agreement to supply any goods or services to a consumer;
d) demand for, or collection of, payment for goods or services by a consumer; or
e) recovery of goods from a consumer.


2) In addition to any conduct contemplated in subsection (1), it is unconscionable for a supplier knowingly to take advantage of the fact that a consumer was substantially unable to protect the consumer’s own interests because of physical or mental disability, illiteracy, ignorance, inability to understand the language of an agreement, or any other similar factor.


3) Section 51 applies to any court proceedings concerning this section.