Section 9 of The Consumer Protection Act CAP 501: Unsolicited goods and services
(1) Except as provided in this section, a recipient of unsolicited goods or services has no legal obligation in respect of their use or disposal.
(2) No supplier shall demand payment or make any representation that suggests that a consumer is required to make payment in respect of any unsolicited goods or services despite their use, receipt, misuse, loss, damage or theft unless, if at the time of consumption the consumer reasonably believed that the goods or services were meant for his consumption.
(3) A request for goods or services shall not be inferred solely on the basis of payment, inaction or the passing of time.
(4) If a consumer is receiving goods or services on an ongoing or periodic basis and there is a material change in such goods or services, the goods or services shall be deemed to be unsolicited from the time of the material change forward unless the supplier is able to establish that the consumer consented to the material change.
(5) A supplier may rely on a consumer’s consent to a material change that is made orally, in writing or by other affirmative action but the supplier shall bear the onus of proving the consumer’s consent.
(6) If a supplier has received a payment in respect of unsolicited goods or services, the consumer who made the payment may demand a refund of the payment in accordance with section 80 within one year after having made the payment.
(7) A supplier who receives a demand for a refund under subsection (6) shall refund the payment within the prescribed period of time.
(8) In this section, "unsolicited goods or services" means goods that are supplied to a consumer who did not request them but does not include—
(a) goods that the recipient knows or ought to know are intended for another person;
(b) a change to periodically supplied goods, if the change in goods is not a material change; or
(c) goods supplied under a written future performance agreement that provides for the periodic supply of goods to the recipient without further solicitation; or
(d) services that are supplied to a consumer who did not request them but does not include—
(i) services that were intended for another person from the time the recipient knew or ought to have known that they were so intended;
(ii) a change to ongoing or periodic services that are being supplied, if the change in the services is not a material change; or
(iii) services supplied under a written future performance agreement that provides for the ongoing or periodic supply of services to the recipient without further solicitation.
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- Section 10 - Consumer may commence action
A consumer who made payment under section 9(6) may commence action to recover the payment in accordance with section 84.
- Section 11 - Advertising of illegal sites
(1) No person shall advertise an internet gaming site that is operated contrary to any written law.
(2) No person, other than an internet service provider, shall arrange for or otherwise facilitate...
- Section 12 - False representation
(1) It is an unfair practice for a person to make a false, misleading or deceptive representation.
(2) Without limiting the generality of what constitutes a false, misleading or deceptive...
- Section 13 - Unconscionable representation
(1) It is an unfair practice to make an unconscionable representation.
(2) Without limiting the generality of what may be taken into account in determining whether a representation is unconscionable,...
- Section 14 - Renegotiation of price
It is an unfair practice for a person to use his, her or its custody or control of a consumer’s goods to pressure the consumer into renegotiating the terms of a consumer transaction.
- Section 15 - Prohibition of unfair practices
(1) No person shall engage in an unfair practice.
(2) A person who performs an act referred to in sections 12, 13 and 14 shallbe deemed to be engaging in an unfair practice.
(3) It is not an unfair...
- Section 16 - Rescinding agreement
(1) Any agreement, whether written, oral or implied, entered into by a consumer after or while a person has engaged in an unfair practice may be rescinded by the consumer and the consumer is entitled...
- Section 17 - Application of Part
(1) Despite sections 78 and 79, in the prescribed circumstances, the effect of cancellation of a consumer agreement to which this Part applies by a consumer and the obligations arising as a result of...
- Section 18 - Requirement for future performance agreements
Every future performance agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.
- Section 19 - Cancelling future performance agreements
A consumer may cancel a future performance agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements...
- Section 20 - Repossession after payment of two-thirds
(1) Where a consumer under a future performance agreement has paid two-thirds or more of his or her payment obligation as fixed by the agreement, any provision in the agreement, or in any security...
- Section 21 - Late delivery
(1) A consumer may cancel a future performance agreement at any time before delivery under the agreement or the commencement of performance under the agreement if the supplier—
(a) does not make...
- Section 22 - Requirements for time share agreements
Every time share agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.
- Section 23 - Cancellation of time share agreements
(1) A consumer may, without any reason, cancel a time share agreement atany time from the date of entering into the agreement until ten days after receiving the written copy of the agreement.
(2) In...
- Section 24 - Requirements for personal development services agreements
(1) Every personal development services agreement shall be—
(a) in writing;
(b) delivered to the consumer;
(c) made in accordance with the prescribed requirements.
(2) No supplier shall require or...
- Section 25 - An agreement is for one year
(1) No personal development services agreement may be made for a termlonger than one year after the day that all the services are made available to the consumer.
(2) Any personal development services...
- Section 26 - Only one agreement
(1) No supplier shall enter into a new agreement for personal developmentservices with a consumer with whom the supplier has an existing agreement for personal development services unless the new...
- Section 27 - Initiation fee
No supplier of personal development services shall— (a) charge a consumer more than one initiation fee; or
(b) charge an initiation fee that is greater than twice the annual membership fee.
- Section 28 - Installment plans
(1) Every supplier of personal development services shall make available to consumers at least one plan for installment payments of membership fees and initiation fees, if applicable, that allow...
- Section 29 - Cancellation: cooling-off period
(1) A consumer may, without any reason, cancel a personal development services agreement at any time within ten days after the later of receiving the written copy of the agreement and the day all the...
- Section 30 - Trustee for payment for unavailable services
(1) No supplier shall receive payment from a consumer for personal development services that are not available at the time the payment is made.
(2) Subsection (1) does not apply when one of the...
- Section 31 - Disclosure of information on internet agreement
(1) Before a consumer enters into an internet agreement, the supplier shalldisclose the prescribed information to the consumer.
(2) The supplier shall provide the consumer with an express opportunity...
- Section 32 - Copy of internet agreement
(1) A supplier shall deliver to a consumer who enters into an internet agreementa copy of the agreement in writing within the prescribed period after the consumer enters into the agreement.
(2) The...
- Section 33 - Cancellation of internet agreement
(1) A consumer may cancel an internet agreement at any time from the date the agreement is entered into until seven days after the consumer receives a copy of the agreement if—
(a) the supplier did...
- Section 34 - Requirements for direct agreements
Every direct agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.
- Section 35 - Cancellation of direct agreements
(1) A consumer may, without any reason, cancel a direct agreement at any timefrom the date of entering into the agreement.
(2) In addition to the right under subsection (1), a consumer may cancel a...
- Section 36 - Disclosure of information on remote agreements
Before a consumer enters into a remote agreement, the supplier shall disclose the prescribed information to the consumer and shall satisfy the prescribed requirements.
- Section 37 - Copy of remote agreement
(1) A supplier shall deliver to a consumer who enters into a remote agreement a copy of the agreement in writing within the prescribed period after the consumer enters into the agreement.
(2) The...
- Section 38 - Cancellation of remote agreement
(1) A consumer may cancel a remote agreement at any time from the date the agreement is entered into until seven days after the consumer receives a copy of the agreement if the supplier fails to...
- Section 39 - Requirements for consumer agreements on loan brokering, etc.
Every consumer agreement for loan brokering, credit repair or for the supply of such other goods or services as may be prescribed shall be in writing, shall be delivered to the consumer and shall be...
- Section 40 - Advance payments prohibited
(1) No operator shall require or accept any payment or any security for a payment, directly or indirectly, from or on behalf of a consumer unless and until—
(a) in respect of loan brokering, the...
- Section 41 - Cancellation of consumer agreement on loan brokering, etc.
(1) A consumer who is a party to an agreement for loan brokering, credit repairor the supply of such goods and services as may be prescribed may, without any reason, cancel the agreement at any time...
- Section 42 - Officers and Director
The officers and directors of an operator are jointly and severally liable for any remedy in respect of which a person is entitled to commence a proceeding against the operator.
- Section 43 - Prohibited representations
An operator shall not communicate or cause to be communicated any representation that is prescribed as a prohibited representation.
- Section 44 - Estimates
(1) No repairer shall charge a consumer for any work or repairs unless the repairer first gives the consumer an estimate that meets the prescribed requirements.
(2) Despite subsection (1), a repairer...
- Section 45 - Estimate fee
(1) Subject to subsection (3), no repairer shall charge a fee for an estimate unless the consumer is told in advance that a fee will be charged and the amount of the fee.
(2) A fee for an estimate...
- Section 46 - Authorization required
(1) No repairer shall charge for any work or repairs unless the consumer authorizes the work or repairs.
(2) No repairer shall charge, for work or repairs for which an estimate was given, an amount...
- Section 47 - Authorization not in writing
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- Section 48 - Posting signs
A repairer shall post the prescribed signs in accordance with the prescribed requirements.
- Section 49 - Return of parts
(1) Every repairer shall offer to return to the consumer all parts removed in thecourse of work or repairs and shall return all such parts unless advised when the work or repairs are authorized that...
- Section 50 - Invoice
The repairer shall, on completion of work or repairs, deliver to the consumer an invoice containing the prescribed information in the prescribed manner.
- Section 51 - Warranty for vehicles
(1) On the repair of a vehicle, every repairer shall be deemed to warrant all new or reconditioned parts installed and the labour required to install them for a minimum of ninety days or five thousand...
- Section 52 - Consistent cost
No repairer shall give an estimate or charge an amount for work or repairs that is greater than that usually given or charged by that repairer for the same work or repairs merely because the cost is...
- Section 53 - Application of Part
(1) This Part does not apply to a supplier credit agreement that—
(a) requires the borrower to make payment in full in a single payment within a certain period after the supplier delivers a written...
- Section 54 - Agreement for credit card
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- Section 55 - Limiting liability for unauthorized charges
A borrower is not liable for any amount that is greater than the prescribed maximum for unauthorized charges under a credit agreement for open credit.
- Section 56 - Consequence of non-disclosure
A borrower under a credit agreement is not liable to pay the lender—
(a) the cost of borrowing under a credit agreement if the borrower receives no statements required by this Part; or
(b) as part...
- Section 57 - Correcting errors
If there is an error in a statement of account issued under a credit agreement for open credit, the lender shall correct the error in accordance with the prescribed requirements.
- Section 58 - Required insurance
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- Section 59 - Termination of optional services
(1) A borrower may terminate an optional service of a continuing nature provided by the lender or an associate of the lender on giving thirty days' notice or such shorter period of notice as is...