How is the CPA going?

[sterne.law@gmail.com]

What about this scenario ...............My friend has a ready mix concrete business and I asked him about the 5 day issue. He said "Sure, he will take the concrete back provided the customer delivers the stuff to his premises." ! Catch 22.

If the consumer is cancelling the contract due to direct marketing - return of goods is at consumer expense and risk - so Mr Concrete is in a good position.
All other returns are at supplier risk and expense.

[sterne.law@gmail.com]

Just on returns -
It is only where the purchase was due to direct marketing that the return is based on nothing but that.
Other returns require some defect, in various forms and guises.
I think this is an important distinction. Seems a lareg amount of people(consumers) think that they can just return anything without penalty.

[IanF]

Since this revolves around "direct marketing" "means to approach a person, either in person or by mail or by electronic communication..."
Does this cover every sale or will there be exclusions from this?

[sterne.law@gmail.com]

I am not aware of any exclusions as to sales(there are exclusions by token of parties to whom the act or sections are not applciable)
The key word in the direct marketing definition is approach .
The methods listed in the definition all require a specific action - to fax, sms. email etc, so my feeling is that a web site is not in this same group. Of course if I encourage you or send you to my web site (link as signature?) this would seem to be an actual action, then a direct approach.

Handing out a business card? Approaching?

[Dave A]

If the consumer is cancelling the contract due to direct marketing - return of goods is at consumer expense and risk

Now that is very useful to know.

[wynn]

And then the thorney issue of the cell phone rip off artist companies who would rather you used the toothless CCMA than the new dog with the sharp teeth.

[Martinco]

And then the thorney issue of the cell phone rip off artist companies who would rather you used the toothless CCMA than the new dog with the sharp teeth.

Hi Wynn, You have lost me now............I do not understand what the CCMA has to do with this.

[IanF]

The key word in the direct marketing definition is approach .
The methods listed in the definition all require a specific action - to fax, sms. email etc, so my feeling is that a web site is not in this same group. Of course if I encourage you or send you to my web site (link as signature?) this would seem to be an actual action, then a direct approach.

Handing out a business card? Approaching?

OK now to perfect my reactive marketing approach.
So if someone finds paperkutz through a google search or adword Ad then that is not a direct approach, but if I send out emails with a special offer then that is a direct approach. So the key is to have some good SEO and Adwords.

[wynn]

There is an argument that the CCMA is already the de facto adjudicator of matters IRO the Cell Phone service providers and that the CPA is just going to duplicate the complaints.

A lot of complaints that were originally laid with the CCMA have now been laid with the CPA because the CCMA were sitting on their hands.

[Dave A]

Judging by the reference to "toothless dog", I think Wynn might have intended to be referring to ICASA.