*
Sub-paragraph (i) of paragraph 2 will be deleted when section 8(c) of the
Consumer Protection (Fair Trading) (Amendment) Act 2008 (Act 15 of 2008) is
brought into operation.
[15/2008]
SECOND SCHEDULE
Section 4(d)
SPECIFIC UNFAIR PRACTICES
1. Representing that goods or services have sponsorship, approval, performance characteristics,
accessories, ingredients, components, qualities, uses or benefits that they do not have.
2. Representing that goods or services are of a particular standard, quality, grade, style, model,
origin or method of manufacture if they are not.
3. Representing that goods are new or unused if they are not or if they have deteriorated or been
altered, reconditioned or reclaimed.
4. Representing that goods have been used to an extent different from the fact or that they have a
particular history or use if the supplier knows it is not so.
5. Representing that goods or services are available or are available for a particular reason, for a
particular price, in particular quantities or at a particular time if the supplier knows or can reasonably
be expected to know it is not so, unless the representation clearly states any limitation.
6. Representing that a service, part, repair or replacement is needed or desirable if that is not so,
or that a service has been provided, a part has been installed, a repair has been made or a replacement
has been provided, if that is not so.
7. Representing that a price benefit or advantage exists respecting goods or services where the
price benefit or advantage does not exist.
8. Charging a price for goods or services that is substantially higher than an estimate provided to
the consumer, except where the consumer has expressly agreed to the higher price in advance.
9. Representing that a transaction involving goods or services involves or does not involve rights,
remedies or obligations where that representation is deceptive or misleading.
10. Representing that a person has or does not have the authority to negotiate the final terms of
an agreement involving goods or services if the representation is different from the fact.
11. Taking advantage of a consumer by including in an agreement terms or conditions that are
harsh, oppressive or excessively one-sided so as to be unconscionable.
12. Taking advantage of a consumer by exerting undue pressure or undue influence on the
consumer to enter into a transaction involving goods or services.
13. Representing in relation to a voucher that another supplier will provide goods or services at a
discounted or reduced price if the supplier making the representation knows or ought to know that
the other supplier will not do so.
14. Making a representation that appears in an objective form such as an editorial, documentary
or scientific report when the representation is primarily made to sell goods or services, unless the
representation states that it is an advertisement or a promotion.
15. Representing that a particular person has offered or agreed to acquire goods or services
whether or not at a stated price if he has not.