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National Credit Act, 2005 (Act No. 34 of 2005)

Chapter 4 : Consumer Credit Policy

Part C : Credit marketing practices

75. Marketing and sales of credit at home or work


(1) A credit provider must not harass a person in attempting to persuade that person to apply for credit or to enter into a credit agreement or related transaction.


(2) A credit provider must not enter into a credit agreement at a private dwelling except—
(a) during a visit pre-arranged by the consumer for that purpose;
(b) if a credit provider visited the private dwelling for the purpose of offering goods or services for sale, and incidentally offered to provide or arrange credit to finance the purchase of those goods or services; or
(c) if the credit agreement is of a prescribed category that is permitted to be entered into during a visit to a private dwelling.


(3) A credit provider must not visit a person’s place of employment for the purpose of inducing the person to apply for or obtain credit, or enter into a credit agreement at such a place, except—
(a) to enter into a credit agreement with the employer; or
(b) if the visit results from—
(i) a formal arrangement between the credit provider, on the one hand, and the employer and any representative trade union or employee, on the other; or
(ii) a non-prompted invitation by the person being visited.


(4) An employer who, or representative trade union that, enters into an arrangement with a credit provider as contemplated in subsection (3)(b)(i) must not receive any fee, commission, payment, consideration or other monetary benefit in exchange for making that arrangement, or as a consequence of a credit agreement entered into during or as a result of that arrangement.


(5) Subsections (2) to (4) do not apply in respect of developmental credit agreements.