ConsumerTalk with Wendy Knowler

'Yes' to a telemarketer is the same as signing a contract (and here's the catch)

If you verbally agree to a cellphone 'upgrade' or insurance package over the phone, it is legally binding.

The call between a client and a telemarketer is equivalent to a contract, explains consumer journalist Wendy Knowler.

She says many telemarketing offers come from service providers who want to offer clients add-ons to existing contracts.

Ultimately, if you say 'yes' during one of those conversations, it has the same weight as signing a contract.

Wendy Knowler, consumer journalist

Read: What happens when your brand new heater erupts, or worse? Product liability 101

Knowler explains that the call recording of a consumer's exhange with telemarketer serves as the contract.

Also read: At own risk! What you need to know before signing that disclaimer

However, the Consumer Protection Act (CPA) does not guarantee a consumer the right to have a copy of recorded telemarketing calls.

The Act says that only the company must keep a copy of the recording of those calls. There's nothing in there about making a copy available to the consumer.

Wendy Knowler, consumer journalist

It's an oversight, because if a consumer wants to dispute what they were told or agreed to in the call, they have no way of proving it.

Wendy Knowler, consumer journalist

The National Consumer Commission (NCC) has not yet made recommendations for the laws to be amended.

NCC spokesperson Trevor Hattingh maintains that companies must make recordings available to consumers as evidence of the transaction.

Knowler also suggests that consumers record their own calls with telemarketers to protect themselves, if they have the necessary cellphone technology.

Take a listen to her advice and callers share their personal experiences:


This article first appeared on CapeTalk : 'Yes' to a telemarketer is the same as signing a contract (and here's the catch)


Recommended

by NEWSROOM AI

702 welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the 702 community a safe and welcoming space for all.

702 reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

702 is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Read More
3 things about airline industry practice every flyer should know

3 things about airline industry practice every flyer should know

Consumer journalist Wendy Knowler talks overbooking, flight cancellations and other airline industry woes.

'South Africans are so used to shoddy service that it became their expectation'

'South Africans are so used to shoddy service that it became their expectation'

Consumer expert Adré Schreuder explains how companies measure customer satisfaction to improve on services offered.

Food fraud: Could you be eating fake honey?

Food fraud: Could you be eating fake honey?

CapeTalk's Pippa Hudson chats to consumer journalist, Wendy Knowler about adulterated (fake) honey.

SA-made Rolkem cake decoration products may not be safe to eat

SA-made Rolkem cake decoration products may not be safe to eat

The UK’s Food Standards Agency issued an advisory, claiming that Rolkem failed to confirm that their ingredients were safe to eat.

Top mistakes to avoid when insuring your phone

Top mistakes to avoid when insuring your phone

It's important to make sure that your policy covers you for the correct value of your phone and the current device you are using.

5  things corporates really must stop saying and writing to clients

5 things corporates really must stop saying and writing to clients

Here's some meaningless superfluous jargon corporates really should stop sending to clients says consumer journalist Wendy Knowler

Popular articles
 In the market for a 2nd hand car? Here are some tips to buy it on a budget!

In the market for a 2nd hand car? Here are some tips to buy it on a budget!

In the car feature, our very own car guy Tumelo Maketekete shares some tips and tricks to buying a car on a R100 000 budget.

Vigilante mob attacks alleged criminals in Daveyton

Vigilante mob attacks alleged criminals in Daveyton

Tensions are rife in the East Joburg township as the community attacked and killed criminals.

[WATCH] Dad uses a drone to pull out son's tooth

[WATCH] Dad uses a drone to pull out son's tooth

Khabazela shares YouTube videos gone viral including a barmaid hitting a colleague who slapped her rear during a routine.

[Listen] Lottery responds to Tshepo's fraud claims

[Listen] Lottery responds to Tshepo's fraud claims

Philemon Letwaba says Tshepo's case relates to some of the issues that they are dealing with on a daily basis.

[WATCH] Is it a cow's penis or an udder? Well, this kid thinks it's a penis

[WATCH] Is it a cow's penis or an udder? Well, this kid thinks it's a penis

Check out the videos, tweets, Facebook posts that have gone viral and why this kid cheered her dad on in the toilet.