The Marketing of Consumer and Mortgage Credit as a Responsible Lending Tool: A Comparison of South African, European and Belgian Law: Part 1

Authors

DOI:

https://doi.org/10.17159/1727-3781/2020/v23i0a6206

Keywords:

Marketing, consumer credit, compulsory information, prohibited advertising, civil remedies, administrative sanctions, prohibited marketing techniques

Abstract

The vulnerability of prospective credit consumers to over-committing their resources and the inherent dangers posed by credit advertising in particular necessitate the proper regulation of credit marketing. It is therefore not unsurprising that responsible marketing forms part of the responsible lending (and borrowing) measures of various jurisdictions – including South Africa and the Member States of the European Union – with the aim of preventing the extension of credit to consumers who cannot afford it. In this article the credit marketing laws that the South African, European (mainly in the Consumer Credit and Mortgage Credit Directives) and Belgian legislators have enacted are considered and compared, with a focus on the information to be included in advertising, prohibited advertising and prohibited marketing techniques. The ultimate aim is to determine whether South African law contains sufficient guarantees to protect consumers with respect to credit marketing and its consequences.

 

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Author Biography

Reinhard Steennot, Ghent University

LLM (Ghent) LLD (Ghent)

References

Campbell N "Advertising and Marketing Standards" in Scholtz JW (ed) Guide to the National Credit Act (LexisNexis Durban 2008 et seq) ch 7

Crowther G Consumer Credit: Report of the Committee volumes 1 and 2, Cmnd 4596 (Her Majesty's Stationery Office London 1971)

De Stadler E "Purpose, Policy and Application of Act" in Naudé T and Eiselen S (managing eds) Commentary on the Consumer Protection Act (Juta Claremont 2014 et seq) ch 1 part B

Department of Trade and Industry Consumer Credit Law Reform: Policy Framework for Consumer Credit (DTI Pretoria 2004)

Hornby AS Oxford Advanced Learner's Dictionary 5th ed (Oxford University Press Oxford 1995)

Jacobs W, Stoop PN and Van Niekerk R "Fundamental Consumer Rights under the Consumer Protection Act 68 of 2008: A Critical Overview and Analysis" 2010 PELJ 302-406

Kelly-Louw M "The Prevention and Alleviation of Consumer Over-indebtedness" 2008 SA Merc LJ 200-226

Kelly-Louw M (with contributions by Stoop PN) Consumer Credit Regulation in South Africa (Juta Claremont 2012)

Makin S, Mawrey R and Walton C "Division I: Commentary" in Goode RM Consumer Credit Law and Practice (LexisNexis Butterworths London 1977 et seq) Div 1

Melville N and Palmer R "The Applicability of the Consumer Protection Act 2008 to Credit Agreements" 2010 SA

Otto JM "Types of Credit Agreement" in Scholtz JW (ed) Guide to the National Credit Act (LexisNexis Durban 2008 et seq) ch 8

Otto JM and Otto R-L The National Credit Act Explained 4th ed (LexisNexis Durban 2015)

Scholtz JW "Dispute Settlement other than Debt Enforcement" in Scholtz JW (ed) Guide to the National Credit Act (LexisNexis Durban 2008 et seq) ch 13

Stoop PN "South African Consumer Credit Policy: Measures Indirectly Aimed at Preventing Consumer Over-indebtedness" 2009 SA Merc LJ 365-386

Stoop PN "The Overlap between the Consumer Protection Act 68 of 2008 and the National Credit Act 34 of 2005: A Comparison with Australian Law" 2014 THRHR 135-143

Van der Merwe D et al Information and Communications Technology Law (LexisNexis South Africa 2008)

Van Heerden CM "The Regulation of Marketing under the CPA" in Naudé T and Eiselen S (managing eds) Commentary on the Consumer Protection Act (Juta Claremont 2014 et seq) Marketing-1-Marketing-8

Van Heerden CM and Renke S "Perspectives on Selected Aspects Regarding the Registration of Credit Providers in terms of the National Credit Act 34 of 2005 Part 1" 2014 THRHR 614-631

Van Heerden CM and Renke S "Perspectives on Selected Aspects Regarding the Registration of Credit Providers in terms of the National Credit Act 34 of 2005 Part 2" 2015 THRHR 80-103

Van Heerden CM and Steennot R "Pre-agreement Assessment as a Responsible Lending Tool in South Africa, the EU and Belgium Part 1" 2018 PELJ 1-30

Van Zyl E "The Scope of Application of the National Credit Act" in Scholtz JW (ed) Guide to the National Credit Act (LexisNexis Durban 2008 et seq) ch 4

Van Zyl E "Registration and the Consequences of Non-registration" in Scholtz JW (ed) Guide to the National Credit Act (LexisNexis Durban 2008 et seq) ch 5

Van Zyl E "The Effects of Non-compliance" in Scholtz JW (ed) Guide to the National Credit Act (LexisNexis Durban 2008 et seq) ch 17

Van Zyl E "Fundamental Consumer Rights Part E – Right to Fair and Responsible Marketing" in Naudé T and Eiselen S (managing eds) Commentary on the Consumer Protection Act (Juta Claremont 2014 et seq) ch 2 part E

Van Zyl E and De Stadler E "Fundamental Consumer Rights Part B – Consumer's Right to Privacy" in Naudé T and Eiselen S (managing eds) Commentary on the Consumer Protection Act (Juta Claremont 2014 et seq) ch 2 part B

South Africa

Consumer Protection Act 68 of 2008

Electronic Communications and Transactions Act 25 of 2002

Financial Advisory and Intermediary Services Act 37 of 2002

Financial Sector Regulation Act 9 of 2017

National Credit Act 34 of 2005

United Kingdom

Moneylenders Act of 1927

Government publications

GN R489 in GG 28864 of 31 May 2006

GN 713 in GG 28893 of 1 June 2006

ARB 2019 http://arb.org.za/assets/section-i.pdf

Advertising Regulatory Board 2019 Code of Advertising Practice: Section I - Introduction http://arb.org.za/assets/section-i.pdf accessed 12 March 2019

ARB 2019 http://arb.org.za/assets/section-iii.pdf

Advertising Regulatory Board 2019 Code of Advertising Practice: Section III - Specific Categories of Advertising http://arb.org.za/assets/section-iii.pdf accessed 12 March 2019

ARB 2019 http://arb.org.za/index.html

Advertising Regulatory Board 2019 Home Page http://arb.org.za/index.html accessed 12 March 2019

Published

22-01-2020

How to Cite

Renke, S., & Steennot, R. (2020). The Marketing of Consumer and Mortgage Credit as a Responsible Lending Tool: A Comparison of South African, European and Belgian Law: Part 1. Potchefstroom Electronic Law Journal, 23, 1–26. https://doi.org/10.17159/1727-3781/2020/v23i0a6206

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Section

Articles