Consumer Protection Act Quiz

If a law and another (not mentioned in S2(8)) contradict, they both apply. If one offers more consumer protection, that one takes precedence.

Only consumer redress provisions of the CPA (Consumer Protection Act) apply to hazardous chemicals.

When a law has multiple meanings, the court should choose the meaning that is most in line with the law's aims, especially for vulnerable consumers.

Consumers have a right to equal treatment under the law.

A law that protects consumers' rights and interests.

A supplier cannot treat a person or group differently in a way that is discriminatory based on protected characteristics (e.g., from the Constitution, or Chap 2 Equality Act).

Suppliers can't discriminate when assessing obligations, entering transactions, determining costs, interacting with consumers, selecting/packaging goods, proposing/agreeing to terms, assessing compliance or exercising supplier rights.

The protection against unfair discrimination extends to associations and businesses.

Courts can consider supplier/consumer conduct not explicitly covered in Section 8, and deem it unfair discrimination if appropriate.

Suppliers can exclude consumers based on justifiable reasons, like not meeting obligations.

Supplier obligations related to non-discriminatory consumer treatment during specific interactions.

The consumer protection law applies to associations, protecting them from unfair discrimination in transactions with a supplier.

Courts have the power to apply unfair discriminatory principles in unforeseen situations outside the precise regulations.

Under the CPA, a supplier can charge a fee for returned goods if they are opened, even if in their original packaging. This fee covers the use of the goods and repackaging/restocking.

The CPA states a consumer must return goods at their own risk and expense. This means they are responsible for any damage during return.

When goods are sold through direct marketing, like mail-order or online, the CPA gives consumers a cooling-off period to cancel their purchase.

This case involved a consumer attempting to return a used car with defects after inspecting it with DEKRA. The court ruled that the consumer could not rely on the cooling-off right as the inspection was a deliberate action.

This section of the CPA clarifies when a supplier can charge a fee for returned goods based on whether the product was opened or in original packaging.

This section of the CPA states that the consumer is responsible for the return of goods at their own risk and expense.

Suppliers are typically prohibited from collecting payment unless it falls under specific provisions like S20(6), which outlines certain situations where a fee is justifiable.

The Mosaka case suggests that consumers cannot rely on the cooling-off right after a thorough inspection, as it indicates deliberate choice.

A quote must clearly show the cost of each repair/maintenance item and the overall total price.

The quote must state how long it's valid for. This prevents price changes without notice.

The quote must state the time the consumer has to pick up repaired goods, and what happens if they don't.

Suppliers CANNOT charge consumers for preparing an estimate, including any diagnostics or damage during that process.

Suppliers CAN charge for preparing an estimate if they DISCLOSE the price beforehand AND the consumer agrees.

A supplier CANNOT charge more than the original estimate without informing the consumer of the extra cost AND obtaining their approval.

Consumers have the right to cancel advance reservations, bookings, or orders for goods/services under certain circumstances.

This right to cancel DOES NOT apply to franchise agreements or special-order goods.

The process of promoting goods or services to consumers, including advertising, making representations, and engaging in conduct that encourages purchasing.

Consumers have a right to receive truthful and non-deceptive marketing information about goods and services.

Advertising goods or services that are false, misleading, or deceptive in any way, including the nature, properties, advantages, uses, price, or manner & conditions of supply.

A type of marketing where a supplier advertises specific goods at a discounted price to attract consumers, hoping they will buy other, more expensive goods.

Suppliers cannot advertise goods at a price that misleads consumers about the availability of those goods at that price.

Marketing where a supplier offers goods or services that automatically come into effect unless the consumer actively declines them.

The CPA prohibits negative option marketing practices, requiring suppliers to get explicit consent before charging consumers for goods or services.

The Consumer Protection Act (CPA) sets strict standards for marketing practices, ensuring fairness, transparency, and protection of consumers' rights.

This Supreme Court of Appeal case emphasized that S69 of the CPA shouldn't be interpreted to prevent consumers from seeking redress through traditional court remedies like common law actions. It stated that there's no hierarchy between consumer protection laws and common law, and the CPA mainly focuses on pursuing alternate remedies provided by consumer protection legislation.

This case upheld the principle established in Motus Corporation v Wentzel, reinforcing the right of consumers to directly enforce their common law rights in court, even when they have potential recourse under the CPA. It drew a distinction between enforcing rights under the CPA and enforcing common law rights, emphasizing that the latter are essential and shouldn't be taken away.

Both Motus Corporation v Wentzel and First Engineering cases emphasize that the CPA, while providing specific consumer protections, doesn't completely replace common law. Consumers still have the right to pursue traditional legal remedies when their rights are violated, even if they have potential recourse under the CPA.

Motus Corporation v Wentzel firmly established that there isn't a strict hierarchy between different consumer protection laws and common law. The CPA aims to offer various remedies, but it shouldn't restrict consumers from accessing traditional court avenues. Common law remedies should be considered alongside those provided by the CPA.