Consumer Protection Act Article 5: Responsible, Honest and Fair Dealings Part 1

In our previous article, we discussed what information must be disclosed to a consumer to make an informed decision before entering into a transaction for goods or services.

In this article, we shall consider marketing in terms of the Act but in this instance in regards to responsible, honest and fair dealings.  

A supplier of goods or services may not engage in conduct that can be held to be unconscionable, misleading, deceptive or that may mislead or deceive or make a representation about a supplier’s goods or services unless there are reasonable grounds that the supplier believes that the representation is accurate.  

In this regard, the standard that must be complied with in regards to honesty entails that a producer, importer, distributor, retailer or service provider must not market any goods or services in a manner that is likely to imply a false or misleading representation concerning the offered goods or services or in a manner that is misleading, fraudulent or deceptive in any way. This can relate to the nature, properties, advantages or potential uses of the goods or services, the manner in which or conditions on which the supply of the goods or services may be achieved, the price of the goods or services, whether or not the supplier is being sponsored for any event and any other aspect that is material to the goods or services offered.

The supplier in this instance may only use accurate representations of the goods or services offered, may not use any innuendo, ambiguity or exaggeration as to the goods or services and must correct any apparent misapprehension on the part of the consumer.

***Kindly note that the contents of this article are intended for information purposes only and does not constitute legal advice. Please consult an attorney

In our next article, we shall continue to discuss responsible, honest and fair dealings but specifically in relation to prohibited schemes and practices.