Challenges of Redressing the Victims of Unfair Terms in Standard Form Consumer Contact under the Fair Competition Act No. 8 of 2003

The Standard Form Consumer Contracts (SFCCs) are used in the provision of goods and/or services as an instrument to facilitate transactions between consumers and businesses. On the other hand, through the use of unfair terms, the SFCCs have been reported to be used as a tool for economic exploitation to the detriment of consumers. Many countries have enacted provisions for protecting consumers against unfair terms in SFCCs. This article explores the protection of consumers against unfair terms in SFCC under the Tanzania Fair Competition Act No.8 of 2003 (FCA). The article also examines the challenges that face the victims of unfair terms in the SFCCs in accessing redress available under the FCA. The article shows that the challenges of redressing the victims of unfair terms in SFCCs include the absence of effective remedy, absence of an offence for the use of unfair terms in SFCCs, overlapping mandate, and absence of a uniform law for regulating SFCCs. This article recommends for the harmonisation of all consumer protection laws regulating SFCCs. It also calls for amendment of all pieces of legislation that hamper the victims of unfair terms in SFCCs to obtain redress under the FCA.