In forceUpdated to 1 Nov 2021Read it in Bahasa Malaysia

Contents

Consumer Protection Act 1999 · Updated to 1 Nov 2021 · Part II · Misleading and Deceptive Conduct, False Representation and Unfair Practice

13. Bait advertising

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(1)

No person shall advertise for supply at a specified price goods or services which that person—

(a)

does not intend to offer for supply; or

(b)

does not have reasonable grounds for believing can be supplied, at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which the person carries on business and the nature of the advertisement.

(2)

In a prosecution for a failure to offer goods or services to a consumer in accordance with subsection (1), it shall be a defence if the person charged proves that—

(a)

he offered to supply or to procure another person to supply, to the consumer, within a reasonable time, goods or services of the kind advertised, in a reasonable quantity and at the advertised price, and where the offer is accepted by the consumer, that the person has so supplied or procured another person to supply, the goods or services; or

(b)

he offered to supply to the consumer immediately, or to procure another person to supply to the consumer within a reasonable time, equivalent goods or services, in a reasonable quantity and at the advertised price, and where the offer is accepted by the consumer, that the person has so supplied or procured another person to supply, such equivalent goods or services.

Terms defined in s 3

advertisement
Defined · s 3
“advertisement” includes every form of advertisement, whether or not accompanied by or in association with spoken or written words or other writing or sounds and whether or not contained or issued in a publication, and includes advertisement— (a) by the display of notices; (b) by means of catalogues, price lists, circulars, labels, cards or other documents or materials; (c) by the exhibition of films or of pictures or photographs; or (d) by means of radio, television, telecommunication or any other similar means;
Open s 3
business
Defined · s 3
“business” means any undertaking that is carried on whether for gain or reward or not and in the course of which goods or services are acquired or supplied whether at a price or otherwise;
Open s 3
consumer
Defined · s 3
“consumer” means a person who— (a) acquires or uses goods or services of a kind ordinarily acquired for personal, domestic or household purpose, use or consumption; and (b) does not acquire or use the goods or services, or hold himself out as acquiring or using the goods or services, primarily for the purpose of— (i) resupplying them in trade; (ii) consuming them in the course of a manufacturing process; or (iii) in the case of goods, repairing or treating, in trade, other goods or fixtures on land;
Open s 3
goods
Defined · s 3
“goods” means goods which are primarily purchased, used or consumed for personal, domestic or household purposes, and includes— (a) goods attached to, or incorporated in, any real or personal property; (b) animals, including fish; (c) vessels and vehicles; (d) utilities; and (e) trees, plants and crops whether on, under or attached to land or not, but does not include choses in action, including negotiable instruments, shares, debentures and money;
Open s 3
price
Defined · s 3
“price” includes consideration in any form, whether direct or indirect, and includes any consideration that in effect relates to the acquisition or supply of goods or services although ostensibly relating to any other matter or thing;
Open s 3
services
Defined · s 3
“services” includes any rights, benefits, privileges or facilities that are or are to be provided, granted or conferred under any contract but does not include rights, benefits or privileges in the form of the supply of goods or the performance of work under a contract of service;
Open s 3

Report

Read on from s 14

Part III

Safety of Goods and Services

Read on from Part III

Part IV

Offences, Defences and Remedies in Relation to Parts II and III

Read on from Part IV

Part V

Guarantees in Respect of Supply of Goods

Read on from Part V

Part VI

Rights Against Suppliers in Respect of

Read on from Part VI

Part VII

Rights Against Manufacturers in Respect of

Read on from Part VII

Part VIII

Guarantees in Respect of Supply of Services

Read on from Part VIII

Part IX

Rights Against Suppliers in Respect of Guarantees in the Supply of Services

Read on from Part IX

Part X

Read on from Part X

Part XI

The National Consumer Advisory Council

Read on from Part XI

Part XII

The Tribunal for Consumer Claims

Read on from Part XII

Part XIII

Enforcement

Read on from Part XIII

Part XIV

General and Miscellaneous

Read on from Part XIV