Complaint: You are treated differently from other customers
Example: A store demands a deposit from you but you can see that other customers
are not asked to pay a deposit.
You can:

•  Insist that you be treated the same as everyone else.

If the store refuses to give you equal treatment, you can:

• Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 8 of the Consumer Protection Act.)

Complaint: A salesperson calls and texts you all the time, even late at night and on weekends

Example: A company markets a store account.
You can:

•  Ask the sales person to stop contacting you; and
• Ask them to take your name off their list (they cannot charge you for that); and
• Block them from contacting you by replying with an SMS saying STOP; and
• Tell them that they are only allowed to contact you between 08h00 and 20h00 on weekdays and 09h00 and 13h00 on Saturdays and not at all on Sundays and public holidays.

If they ignore your request to stop, you can:

• Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 11 of the Consumer Protection Act; and
• Complain at the Direct Marketing Association (see below on page 29).

Complaint: You change your mind and you don’t want the product anymore, but the company says you cannot cancel

Example: You buy a funeral insurance policy from a salesperson who phoned you.

You can:

• Send a letter to the company within 5 business days to cancel the contract, you do not have to say why or pay extra; and
• Insist on getting your money back within 15 business days if you have already paid.

If the company refuses to cancel, you can:

• Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 16 of the Consumer Protection Act; and
• Complain at the Direct Marketing Association (see below on page 29)

If you have problems with funeral insurance, you can:

• Complain at the Short Term Insurance Ombud (see below on page 29)

Complaint: The salesperson told you that the product you are buying has certain features, but when you read the manual, you discover that the product doesn’t have them

Example: The freezer the salesperson advertised as ’automatic defrosting’ needs to be defrosted manually.

You can:

• Insist on getting the product as marketed by the salesperson; or
• Insist on getting your money back.

If the company refuses to supply the marketed product or to refund you,
you can:

Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 41 of the Consumer Protection Act.

Complaint: You were automatically signed up for another paying service because you didn’t opt out

Example: You open a clothing account and it automatically signs you up for a club membership that costs money because you didn’t say ’no’.

You can:

• Insist that you get your money back that you paid for the added-on service/product.

If the company refuses to refund you or to cancel the added-on agreement, you can:

Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 31 of the Consumer Protection Act.

Complaint: You receive something without having ordered it and the invoice says that if you Keep it you must pay for it

Example: A couch cover is delivered, but you did not order one.

You can:

• Keep the product without paying for it if the company does not contact you within 10 days and fetch the product within 20 business days. You must not make it difficult for the company to collect the product, though, for example, by not answering the door; or
• Send the product back at the company’s cost and risk.

If the company insists you pay for the product, you can:

Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 21 of the Consumer Protection Act.

Complaint: You go to a shop to buy the special that they advertised but the product is only available at the regular price

Example: The fridge advertised at a special price is sold out when you get to the store five minutes after it opens.

You can:

• Insist on getting that advertised product at the special price; or
• Insist that the company gets another store to sell you the product at that price.

If the company refuses, you can:

• Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 23 of the Consumer Protection Act.
• Complain at the Advertising Standards Authority (see below on page 29)

Complaint: You prepaid for a service or product but the voucher has expired in less than 3 years

Example: You bought air time and the voucher does not activate after 3 months.

If you have bought the expired voucher in the last 3 years and never activated it, you can:

• Insist on getting a new voucher free of charge; or
• Insist on getting your money back.

If the company does not want to refund you or give you a new voucher, you can:

Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 63 of the Consumer Protection Act.

Complaint: You received a coupon in your post box but the shop refuses to redeem it

Example: The butchery advertises meat on special if you present the specials coupon during this week.

You can:

• Insist that the store honours the voucher.

If the company does not want to honour the coupon or voucher, you can:

Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 34 of the Consumer Protection Act.

Complaint: You have sufficient points to get something for free, but the company won’t allow you to use the credit

Example: You have a store loyalty card but when you want to pay with your points, the store refuses to accept it.

You can:

• Insist that the store redeems the points; or
• Insist that the company get another store to supply if it cannot meet the demand.

If the company does not want to honour your loyalty award, you can:

Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 35 of the Consumer Protection Act.

Complaint: You have to cancel a booking which you have paid for already

Example: You bought a bus ticket for your mother, but she is in hospital and cannot use it.

You can:

• Insist on getting your money back if the person who you bought the ticket for is in hospital or has died; or
• Expect to pay a reasonable cancellation fee if you cancel the ticket for other reasons.

If the company refuses to give your money back, you can:
Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 17 of the Consumer Protection Act.

Complaint: You have paid for a service but the company doesn’t want to honour your booking

Example: You bought a bus ticket. When you get to the bus, you are told it is full and there is no place for you.

You can:

• Insist that the company gives your money back with interest; or
• Insist that the company pays for another ticket, if necessary with another
  company.

If the company refuses to give your money back or provide you with another ticket, you can:

Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 47 of the Consumer Protection Act.

Complaint: You are expected to sign a contract that has pages of tiny small print and uses very complicated legal terms that you don’t understand

Example: You want to hire a car, but you don’t understand most of the clauses in the small print and you suspect that some might be unfair.

You can:

• Insist on a contract in plain and understandable language; and
• Insist on getting a contract that is fair.

If the company refuses to give you an understandable, fair contract, you
can:

Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating sections 22 and 49 of the Consumer Protection Act.

Complaint: The company refuses to cancel or renews automatically

Example: You want to cancel your 2-year cell phone contract after 1 year.

You can:

• Cancel at any time. You have to pay a fair penalty fee. This fee cannot be so high that you cannot afford to cancel; or
• Cancel the contract after 2 years without paying extra. The company needs to contact you at least 40 days before renewal to let you know if the price will change; or
• Continue the contract after 2 years on a month-to-month basis at the same price.

If the company refuses to cancel or has renewed without informing you,
you can:
Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 14 of the Consumer Protection Act.)

Complaint: You stop paying before you paid the full amount and the company refuses to pay you back

Example: You started paying instalments for a new lounge suite, but you change your mind or run out of money.

You can:

• Cancel the agreement and insist on getting back the money you already paid; and
• Expect to be charged a penalty fee of no more than 1% of the price (the price divided by 100); or
• Refuse to pay a penalty if the person who bought the product couldn’t pay because the person was in hospital or the person passed away.

If the company charges too much penalty or does not want to refund, you
can:

Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 62 of the Consumer Protection Act.

Complaint: When you go to collect your fully paid product, it’s not available

Example: You pay the final instalment for the clothes you put on lay-by but the clothes are sold out.

You can:

• Insist on other items that are the same or better compared to what you paid for; or
• Insist on having your money refunded; or
• Insist on getting back double the money you paid, if it is the company’s fault that the items are no longer available.

If the company does not want to give you other items or refund you, you
can:

Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 62 of the Consumer Protection Act.

Complaint: The item you expect does not get delivered on the agreed day or at the wrong time or place, the delivery costs more than agreed or they deliver the wrong item

Example: You buy a fridge and agree that it will be delivered a week later.

You can:

• Insist on the agreed time or place to deliver, free of charge; or
• Insist that they collect the wrong item and deliver the correct one, free of charge; or
• Cancel the agreement, free of charge.

If the company does not want to cancel or deliver, you can:
Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 19 of the Consumer Protection Act.

Complaint: The product you bought does not work properly.

Example: You buy a television set and it doesn’t switch on.

You can return the product and:

• Insist that they repair it (within 3 months free of charge); or
• Insist that they replace it with a new product; or
• Insist that they give you your money back

If the repaired or replaced product still doesn’t work, you can:

• Insist on getting another working product; or
• Insist on getting your money back.

If the company refuses to repair, replace or refund you, you can:
Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 55 of the Consumer Protection Act.

If you bought a car, no matter if new or second hand you can also:
Complain to the Motor Industry Ombudsman (see below on page 30).

Complaint: A product that you used correctly malfunctions and destroys something else

Example: Your new toaster catches fire and melts your microwave.

You can:

• Insist on getting your money back; and
• Insist on getting paid for your damage or loss.

If the company does not want to refund you or pay for your damage, you
can:
Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 55 of the Consumer Protection Act.

Complaint: The company simply goes ahead and repairs your product and the repair costs more than buying a new product

Example: You hand in a broken kettle.

You can:

• Refuse to pay for the repair; and
• Insist that the company tell you how much the repair will cost beforehand (for free); and
• Insist on being asked first if the actual repair costs more than the quote you accepted; or
• Refuse to pay for the quote or for finding the problem if you decide against
  having the repair done.

If the company refuses to quote for repairs or hand back your item, you
can:
Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 15 of the Consumer Protection Act.

Complaint: The repair takes longer than promised and the item is still broken or breaks again a week later

Example: The shoes you handed in for fixing still have broken soles.

You can:

• Insist that the repair is done properly; or
• Ask for your money back; and
• Insist on a repair or a refund if the item breaks again within 3 months of being fixed.

If the company refuses to repair again or to pay you back, you can:
Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 54 of the Consumer Protection Act.

Complaint: The item you are having repaired is damaged, lost or stolen before you collect it

Example: You hand in a broken cell phone.

You can:

• Insist that the repair place pays for the damage or for a new item.
• If the company tells you it is not their fault and refuses to pay, you can:
  Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 65 of the Consumer Protection Act.

Complaint: You are told you have won something and now you have to fulfill a condition before you can get the prize

Example: You have received a text message that you have won R3000 but that you must pay R50 first to receive your prize.

You can:
Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 36 of the Consumer Protection Act.

Complaint: The text message for entering a competition on your cellphone is charged at more than the maximum rate of R1.50

Example: You want to enter a competition on your cellphone but the sms is charged at R10 per entry.

You can:

• Insist on getting your money back if you were charged more than R1.50.

If the company refuses to refund you or to lower their competition entry rate, you can:
Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating regulation 11 of the Consumer Protection Act Regulations.

Complaint: A company promises you that you will earn great rewards if you pay money and recruit more paying customers

Example: You invest R10 per month and recruit 5 friends, but never get your money after a year.

You can:

• Insist on getting your money back.

If the company carries on with its false advertising or refuses to refund you, you can:

Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 43 of the Consumer Protection Act.

Complaint: The item you bought from a second hand dealer is confiscated and returned to its rightful owner and the dealer refuses to refund you

Example: You buy a second hand TV and the police take it away because they say it was stolen.

You can:

• Insist that the place where you bought the TV gives you a replacement; or
• Insist that the company returns your money.

If the company refuses to replace the item or to refund you, you can:
Complain at the Provincial Consumer Affairs Office (see below on page 23) for violating section 44 of the Consumer Protection Act.