Unsolicited goods or services in terms of the Consumer Protection Act 68 of 2008

The South African Consumer Protection Act 68 of 2008 (hereinafter CPA or Act) which will come into operation during 2010–2011 introduces comprehensive consumer protection measures designed to benefit consumers. Amongst the novel concepts introduced by the Act is the concept of unsolicited goods and services as contained in Section 21 thereof. These provisions are aimed at combating the practice of inertia selling where suppliers deliver goods or performs services for a consumer without the consumer’s knowledge or request and then follows it up with invoices demanding payment. The purpose of this discussion is to investigate how the concept of unsolicited goods and services is dealt with in the CPA and to comment on same. A brief investigation into UK legislation dealing with inertia selling will then follow in order to ascertain whether there are any provisions in the UK legislation which may be benefit the evolution of the novel provisions against inertia selling as contained in the CPA.