Consumer Protection Act

Section 1. Short title Section This Act may be cited as the Consumer Protection Act.

Section 2. Interpretation Section 2(1)(a) a person to whom particular goods or services are marketed in the ordinary course of the supplier’s business; Section 2(1)(b) a person who has entered into a transaction with a supplier in the ordinary course of the supplier’s business, unless the transaction is exempt from the application of this Act; Section 2(1)(c) a user of particular goods or a recipient or beneficiary of particular services, irrespective of whether that user, recipient or beneficiary was a party to a transaction concerning the supply of those particular goods and services; and Section 2(1)(d) a franchisee in terms of a franchise agreement, to the extent applicable in terms of this Act; Section 2(1)(a) a payment or repayment of a portion of the principal under the agreement as prescribed; and Section 2(1)(b) prescribed charges; Section 2(1)(a) a supplier of credit repair; or Section 2(1)(b) a person who holds himself out as a person described in clause (a); Section 2(1)(a) at the supplier’s place of business; or Section 2(1)(b) at a market place, an auction, trade fair, agricultural fair or exhibition; Section 2(1)(a) as part of the playing of or participation in any g...

Section 3. Interpretation and purposes of Act Section 3(1) This Act must be interpreted in a manner that gives effect to the purposes set out in subsection (4). Section 3(2)(a) appropriate foreign and international law; and Section 3(2)(b) appropriate international conventions, declarations or protocols relating to consumer protection. Section 3(3) If a provision of this Act requires a document to be signed or initialed by a party to a transaction, that signing or initialing may be effected in any manner recognized by law, including by use of an electronic signature as defined in the Kenya Information and Communications Act (Cap. 411A). Section 3(4)(a) establishing a legal framework for the achievement and maintenance of a consumer market that is fair, accessible, efficient, sustainable and responsible for the benefit of consumers generally; Section 3(4)(b) reducing and ameliorating any disadvantages experienced in accessing any supply of goods or services by consumers; Section 3(4)(c) promoting fair and ethical business practices; Section 3(4)(d) protecting consumers from all forms and means of unconscionable, unfair, unreasonable, unjust or otherwise improper trade practices incl...

Section 4. Class proceedings Section 4(1) A consumer may commence a proceeding on behalf of a class of persons or may become a member of such class of persons in a proceeding in respect of a dispute arising out of a consumer agreement despite any term or acknowledgment in the consumer agreement or other agreement that purports to prevent or has the effect of preventing the consumer from commencing or becoming a member of a class proceeding. Section 4(2) When a dispute that may result in a class proceeding arises, the consumer, the supplier and any other person involved in it may agree to resolve the dispute using any procedure that is available in law. Section 4(3) A settlement or decision that results from the procedure agreed to under subsection (2) shall be binding on the parties.

Section 5. Quality of goods and services Section 5(1) The supplier is deemed to warrant that the goods or services supplied under a consumer agreement are of a reasonably merchantable quality. Section 5(2) The implied conditions and warranties applying to the sale of goods under the Sale of Goods Act (Cap. 31) shall apply with necessary modifications to goods that are leased, traded or otherwise supplied under a consumer agreement. Section 5(3) Any provision, whether part of the consumer agreement or not, that purports to negate or vary any implied condition or warranty under the Sale of Goods Act (Cap. 31) or any condition or warranty under this Act is void. Section 5(4) If a term or acknowledgement referenced in subsection (3) is a term of the agreement, it is severable from the agreement and shall not be evidence of circumstances showing intent that the deemed or implied warranty or condition does not apply.

Section 6. Estimates Section 6(1) If a consumer agreement includes an estimate, the supplier shall not charge the consumer an amount that exceeds the estimate by more than ten per cent. Section 6(2) If a supplier charges an amount that exceeds the estimate by more than ten per cent, the consumer may require that the supplier provide the goods or services at the estimated price. Section 6(3) Nothing in this section prevents a consumer and a supplier from agreeing to amend the estimate or price in a consumer agreement, if the consumer requires additional or different goods or services.

Section 7. Ambiguities Section Any ambiguity that allows for more than one reasonable interpretation of a consumer agreement provided by the supplier to the consumer or of any information that must be disclosed under this Act shall be interpreted to the benefit of the consumer.

Section 8. Charging consumers for assistance Section No person shall charge a consumer for assisting the consumer to obtain any benefit, right or protection to which the consumer is entitled under this Act, unless, before the consumer agrees to pay the charge, the person discloses the entitlement’s existence and direct availability to the consumer and the cost, if any, the consumer would be required to pay for the entitlement if the consumer obtained the entitlement directly.

Section 9. Unsolicited goods and services Section 9(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. Section 9(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. Section 9(3) A request for goods or services shall not be inferred solely on the basis of payment, inaction or the passing of time. Section 9(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. Section 9(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 shal...

Section 10. Consumer may commence action Section 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 Section 11(1) No person shall advertise an internet gaming site that is operated contrary to any written law. Section 11(2) No person, other than an internet service provider, shall arrange for or otherwise facilitate advertising prohibited under subsection (1) on behalf of another person. Section 11(3) For the purpose of subsection (1), a person advertises an internet gaming site only if the advertising originates in Kenya or is primarily intended for Kenya residents. Section 11(4)(a) providing, by print, publication, broadcast, telecommunication or distribution by any means, information for the purpose of promoting the use of an internet gaming site; Section 11(4)(b) providing a link in a website for the purpose of promoting the use of an internet gaming site, but does not include a link generated as the result of a search carried out by means of an internet search engine; and Section 11(4)(c) entering into a sponsorship relationship for the purpose of promoting the use of an internet gaming site.

Section 12. False representation Section 12(1) It is an unfair practice for a person to make a false, misleading or deceptive representation. Section 12(2)(a) a representation that the goods or services have sponsorship, approval, performance characteristics, accessories, uses, ingredients, benefits or qualities they do not have; Section 12(2)(b) a representation that the person who is to supply the goods or services has sponsorship, approval, status, affiliation or connection the person does not have; Section 12(2)(c) a representation that the goods or services are of a particular standard, quality, grade, style or model, if they are not; Section 12(2)(d) a representation that the goods are new, or unused, if they are not or are reconditioned or reclaimed, but the reasonable use of goods to enable the person to service, prepare, test and deliver the goods does not result in the goods being deemed to be used for the purposes of this paragraph; Section 12(2)(e) a representation that the goods have been used to an extent that is materially different from the fact; Section 12(2)(f) a representation that the goods or services are available for a reason that does not exist; Section 12(2...

Section 13. Unconscionable representation Section 13(1) It is an unfair practice to make an unconscionable representation. Section 13(2)(a) that the consumer is not reasonably able to protect his or her interests because of disability, ignorance, illiteracy, inability to understand the language of an agreement or similar factors; Section 13(2)(b) that the price grossly exceeds the price at which similar goods or services are readily available to like consumers; Section 13(2)(c) that the consumer is unable to receive a substantial benefit from the subject matter of the representation; Section 13(2)(d) that there is no reasonable probability of payment of the obligation in full by the consumer; Section 13(2)(e) that the consumer transaction is excessively one-sided in favor of someone other than the consumer; Section 13(2)(f) that the terms of the consumer transaction are so adverse to the consumer as to be inequitable; Section 13(2)(g) that a statement of opinion is misleading and the consumer is likely to rely on it to his or her detriment; or Section 13(2)(h) that the consumer is being subjected to undue pressure to enter into a consumer transaction.

Section 14. Renegotiation of price Section 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 Section 15(1) No person shall engage in an unfair practice. Section 15(2) A person who performs an act referred to in sections 12 , 13 and 14 shall be deemed to be engaging in an unfair practice. Section 15(3) It is not an unfair practice for a person, on behalf of another person, to print, publish, distribute, broadcast or telecast a representation that the person accepted in good faith for printing, publishing, distributing, broadcasting or telecasting in the ordinary course of business.

Section 16. Rescinding agreement Section 16(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 to any remedy that is available in law, including damages. Section 16(2)(a) because the return or restitution of the goods or services is no longer possible; or Section 16(2)(b) because rescission would deprive a third party of a right in the subject-matter of the agreement that the third party has acquired in good faith and for value. Section 16(3) The consumer may express notice in any way as long as it indicates the intention of the consumer to rescind the agreement or to seek recovery where rescission is not possible and the reasons for so doing and the notice meets any requirements that may be prescribed. Section 16(4) Notice may be delivered in the manner used when entering into the contract. Section 16(5) If notice is delivered other than by personal service, the notice shall be deemed to have been given when sent. Section 16(6)(a) to any address of the person on record with the consumer; or Section 16(6)(b) to an address of the person...

Section 17. Application of Part Section 17(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 the cancellation of the agreement may be subject to such limitations as may be prescribed. Section 17(2)(a) apply to future performance agreements if the consumer’s total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds a prescribed amount; Section 17(2)(b) do not apply to agreements that are future performance agreements solely because of an open credit arrangement. Section 17(3)(a) payment in advance is required; and Section 17(3)(a)(i) payment in advance is required; and Section 17(3)(a)(ii) the consumer’s total potential payment obligation, excluding cost of borrowing, exceeds a prescribed amount; Section 17(3)(b) on a non-profit or co-operative basis; Section 17(3)(b)(i) on a non-profit or co-operative basis; Section 17(3)(b)(ii) by a private club primarily owned by its members; Section 17(3)(b)(iii) as an incidental part of the goods or services that are being supplied to the consumer; or Section...

Section 18. Requirement for future performance agreements Section 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 Section 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 under section 18 .

Section 20. Repossession after payment of two-thirds Section 20(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 agreement incidental to the agreement, under which the supplier may retake possession of or resell the goods or services upon default in payment by the consumer is not enforceable except by leave obtained from the High Court. Section 20(2) Upon an application for leave under subsection (1), the court may, in its discretion, grant leave to the supplier or refuse leave or grant leave upon such terms and conditions as the court considers advisable.

Section 21. Late delivery Section 21(1)(a) does not make delivery within thirty days after the delivery date specified in the agreement or an amended delivery date agreed to by the consumer in writing; or Section 21(1)(b) does not begin performance of his, her or its obligations within thirty days after the commencement date specified in the agreement or an amended commencement date agreed to by the consumer in writing. Section 21(2) If the delivery date or commencement date is not specified in the future performance agreement, a consumer may cancel the agreement at any time before delivery or commencement if the supplier does not deliver or commence performance within thirty days after the date the agreement is entered into. Section 21(3) If, after the period in subsection (1) or (2) has expired, the consumer agrees to accept delivery or authorize commencement, the consumer may not cancel the agreement under this section. Section 21(4)(a) delivery was attempted but was refused by the consumer at the time that delivery was attempted or delivery was attempted but not made because no person was available to accept delivery for the consumer on the day for which reasonable notice was g...

Section 22. Requirements for time share agreements Section 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 Section 23(1) A consumer may, without any reason, cancel a time share agreement at any time from the date of entering into the agreement until ten days after receiving the written copy of the agreement. Section 23(2) In addition to the right under subsection (1), a consumer may cancel a time share 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 under section 22 .

Section 24. Requirements for personal development services agreements Section 24(1)(a) in writing; Section 24(1)(b) delivered to the consumer; Section 24(1)(c) made in accordance with the prescribed requirements. Section 24(2) No supplier shall require or accept payment for personal development services from a consumer with whom the supplier does not have an agreement that meets the requirements established under subsection (1).

Section 25. An agreement is for one year Section 25(1) No personal development services agreement may be made for a term longer than one year after the day that all the services are made available to the consumer. Section 25(2) Any personal development services agreement that provides for a renewal or an extension of the agreement beyond one year shall be deemed to create a separate agreement for each renewal or extension of one year or less. Section 25(3) A personal development services agreement that provides for the renewal or extension of the agreement is not valid unless the supplier complies with the prescribed requirements. Section 25(4) A personal development services agreement that provides for a renewal or extension of the agreement shall be deemed not to be renewed or extended if the consumer notifies the supplier, before the time for renewal or extension that the consumer does not want to renew or extend. Section 25(5) Subsections (2) and (3) do not apply to an agreement providing for successive monthly renewals if the consumer has the option of terminating on one month’s notice or less.

Section 26. Only one agreement Section 26(1) No supplier shall enter into a new agreement for personal development services with a consumer with whom the supplier has an existing agreement for personal development services unless the new agreement is for personal development services that are distinctly different from the services provided under the existing agreement. Section 26(2) Any new agreement entered into in contravention of subsection (1) is void. Section 26(3) For the purposes of subsection (1), a different term or a different commencement date does not constitute a distinct difference in the personal development services to be provided. Section 26(4) Nothing in this section prevents a personal development services agreement from being renewed during the term of the agreement provided that the renewal meets the requirements under section 24 .

Section 27. Initiation fee Section charge a consumer more than one initiation fee; or

Section 28. Installment plans Section 28(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 consumers to make equal monthly payments over the term of the personal development services agreement. Section 28(2) No supplier shall provide an installment payment plan through which the total amount paid by installments exceeds the membership or initiation fee, if applicable, by more than twenty-five per cent.

Section 29. Cancellation: cooling-off period Section 29(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 services are available. Section 29(2) In addition to the right under subsection (1), a consumer may cancel a personal development services 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 under section 24 .

Section 30. Trustee for payment for unavailable services Section 30(1) No supplier shall receive payment from a consumer for personal development services that are not available at the time the payment is made. Section 30(2) Subsection (1) does not apply when one of the services that is not available is the use of a facility and the consumer has agreed in writing to use another facility provided by the supplier until the facility contracted for is available. Section 30(3) If a facility is not available for use on the day specified in the agreement, the trustee shall refund all payment received from the consumer unless the consumer agrees in writing to permit the trustee to retain the payment. Section 30(4) No permission given under subsection (3) applies for longer than ninety days but a subsequent permission may be given on the expiration of permission. Section 30(5)(a) any notice to the trustee shall be deemed to be notice to the supplier; and Section 30(5)(b) any money payable by the supplier is payable by the trustee to the extent that the trustee holds sufficient trust funds for that purpose. Section 30(6) Every trustee under subsection (1) shall, upon receiving any payment fr...

Section 31. Disclosure of information on internet agreement Section 31(1) Before a consumer enters into an internet agreement, the supplier shall disclose the prescribed information to the consumer. Section 31(2) The supplier shall provide the consumer with an express opportunity to accept or decline the agreement and to correct errors immediately before entering into it. Section 31(3)(a) the consumer has accessed the information; and Section 31(3)(b) the consumer is able to retain and print the information.

Section 32. Copy of internet agreement Section 32(1) A supplier shall deliver to a consumer who enters into an internet agreement a copy of the agreement in writing within the prescribed period after the consumer enters into the agreement. Section 32(2) The copy of the internet agreement shall include such information as may be prescribed. Section 32(3) For the purposes of subsection (1), a supplier is considered to have delivered a copy of the internet agreement to the consumer if the copy is delivered in the prescribed manner.

Section 33. Cancellation of internet agreement Section 33(1)(a) the supplier did not disclose to the consumer the information required under section 38 (1); or Section 33(1)(b) the supplier did not provide to the consumer an express opportunity to accept or decline the agreement or to correct errors immediately before entering into it. Section 33(2) A consumer may cancel an internet agreement within thirty days after the date the agreement is entered into, if the supplier does not comply with a requirement under section 43 .

Section 34. Requirements for direct agreements Section 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 Section 35(1) A consumer may, without any reason, cancel a direct agreement at any time from the date of entering into the agreement. Section 35(2) In addition to the right under subsection (1), a consumer may cancel a direct 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 under section 34 .

Section 36. Disclosure of information on remote agreements Section 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 Section 37(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. Section 37(2) The copy of the remote agreement shall include such information as may be prescribed. Section 37(3) For the purposes of subsection (1), a supplier is considered to have delivered a copy of the remote agreement to the consumer if the copy is delivered in the prescribed manner.

Section 38. Cancellation of remote agreement Section 38(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 comply with section 36 . Section 38(2) A consumer may cancel a remote agreement within one year after the date the agreement is entered into, if the supplier does not comply with a requirement under section 37 .

Section 75. Application of Part Section This Part does not apply to remedies claimed in respect to unfair practices under Part III.

Section 76. Form of consumer notice Section 76(1) If this Act requires a consumer to give notice to a supplier to request a remedy, the consumer may do so by giving notice in accordance with this section. Section 76(2) The notice may be expressed in any way, as long as it indicates the intention of the consumer to seek the remedy being requested and complies with any requirements that may be prescribed. Section 76(3) Unless the regulations require otherwise, the notice may be oral or in writing and may be given by any means. Section 76(4) If notice in writing is given other than by personal service, the notice shall be deemed to be given when sent. Section 76(5)(a) to any address of the supplier on record; or Section 76(5)(b) to an address of the supplier known by the consumer.

Section 77. Consumer agreements not binding Section 77(1) A consumer agreement is not binding on the consumer unless the agreement is made in accordance with this Act and the Regulations. Section 77(2) Despite subsection (1), a court may order that a consumer is bound by all or a portion or portions of a consumer agreement, even if the agreement has not been made in accordance with this Act or the Regulations, if the court determines that it would be inequitable in the circumstances for the consumer not to be bound. Section 77(3) The provisions of this section shall not apply to those agreements made before the coming into force of this section.

Section 78. Cancellation of consumer agreement Section 78(1) If a consumer has a right to cancel a consumer agreement under this Act, the consumer may cancel the agreement by giving notice in accordance with section 76. Section 78(2) The cancellation takes effect when the consumer gives notice.

Section 79. Effect of cancellation Section 79(1)(a) the consumer agreement; Section 79(1)(b) all related agreements; Section 79(1)(c) all guarantees given in respect of money payable under the consumer agreement; Section 79(1)(d) all security given by the consumer or a guarantor in respect of money payable under the consumer agreement; and Section 79(1)(e) extended arranged or facilitated by the person with whom the consumer reached the consumer agreement; or Section 79(1)(e)(i) extended arranged or facilitated by the person with whom the consumer reached the consumer agreement; or Section 79(1)(e)(ii) otherwise related to the consumer agreement. Section 79(2) The provisions of this section shall not apply to those agreements made before the coming into force of this section.

Section 80. Obligations on cancellation Section 80(1)(a) refund to the consumer any payment made under the agreement or any related agreement; and Section 80(1)(b) return to the consumer in a condition substantially similar to when they were delivered all goods delivered under a trade-in arrangement or refund to the consumer an amount equal to the trade- in allowance. Section 80(2) Upon canceling a consumer agreement, the consumer, in accordance with the prescribed requirements and in the prescribed manner, shall permit the goods that came into the consumer’s possession under the agreement or a related agreement to be repossessed, shall return the goods or shall deal with them in such manner as may be prescribed. Section 80(3) If a consumer cancels a consumer agreement, the consumer shall take reasonable care of the goods that came into the possession of the consumer under the agreement or a related agreement for the prescribed period. Section 80(4) The consumer owes the obligation described in subsection (3) to the person entitled to possession of the goods at the time in question. Section 80(5) Compliance with this section discharges the consumer from all obligations relating to...

Section 81. Title to goods under trade-in payments Section If the consumer recovers an amount equal to the trade-in allowance under section 71 (1) and the title of the consumer to the goods delivered under the trade-in arrangement has not passed from the consumer, the title to the goods vests in the person entitled to the goods under the trade-in arrangement.

Section 82. Illegal charges and payments Section 82(1) If a supplier has charged a fee or an amount in contravention of this Act or received a payment in contravention of this Act, the consumer who paid the charge or made the payment may demand a refund by giving notice in accordance with section 76 within one year after paying the charge or making the payment. Section 82(2) A supplier who receives a notice demanding a refund under subsection (1) shall provide the refund within the prescribed period of time. Section 82(3)(a) the payment of a fee or an amount that was charged by the supplier in contravention of this Act; or Section 82(3)(b) a payment that was received by the supplier in contravention of this Act. Section 82(4) This section and section 76 apply, with the necessary modifications, to a person who is not a supplier, if the person has received a payment in contravention of section 8 .

Section 83. Consumer’s recourse on credit card charges Section 83(1) A consumer who has charged to a credit card account all or any part of a payment described in subsection (2) may request the credit card issuer to cancel or reverse the credit card charge and any associated interest or other charges. Section 83(2)(a) a payment in respect of a consumer agreement that has been cancelled under this Act or in respect of any related agreement; Section 83(2)(b) a payment that was received in contravention of this Act; Section 83(2)(c) a payment in respect of a fee or an amount that was charged in contravention of this Act; and Section 83(2)(d) a payment that was collected in respect of unsolicited goods or services for which payment is not required under section 9 . Section 83(3) A consumer may make a request under subsection (1) if the consumer has cancelled a consumer agreement or demanded a refund in accordance with this Act, and the supplier has not refunded all of the payment within the required period. Section 83(4) A request under subsection (1) shall be in writing, shall comply with the requirements that are prescribed under section 76 (2), and shall be given to the credit card...

Section 84. Action in Court Section 84(1) If a consumer has a right to commence an action under this Act, the consumer may commence the action in the appropriate Court. Section 84(2)(a) the full payment to which he or she is entitled under this Act; and Section 84(2)(b) all goods delivered under a trade-in arrangement or an amount equal to the trade-in allowance. Section 84(3) In addition to an order under subsection (2), the court may order exemplary or punitive damages or such other relief as the court considers proper.

Section 85. Waiver of notice Section If a consumer is required to give notice under this Act in order to obtain a remedy, a court may disregard the requirement to give the notice or any requirement relating to the notice if it is in the interest of justice to do so.

Section 86. Confidentiality Section 86(1)(a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the Regulations; Section 86(1)(b) to a ministry, department or agency of a government engaged in the administration of legislation that protects consumers or to any other entity to which the administration of legislation that protects consumers has been assigned; Section 86(1)(c) to a prescribed entity or organization, if the purpose of the communication is consumer protection; Section 86(1)(d) to a law enforcement agency; Section 86(1)(e) to his, her or its counsel; or Section 86(1)(f) with the consent of the person to whom the information relates. Section 86(2) Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the Regulations.