New regulations empower South Africans to combat spam calls
Long-awaited amended regulations now protect consumers against unwanted spam calls.
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New regulations have been established which introduces a formal National Consumer Commission (NCC) opt-out registry for South Africans who are tired of spam calls.
The Consumer Protection Act Amendment Regulations provide the long-awaited framework for this registry, mandating direct marketer registration and annual renewal, imposing monthly 'cleansing' of marketing databases against the registry, and prohibiting marketing to consumers who have registered a pre-emptive block, effective immediately.
NCC welcomed the amendment of the Consumer Protection Act (CPA), as gazetted by the Minister of Trade, Industry and Competition, Parks Tau, last week.
The amended regulations establish the opt-out registry system while providing mechanisms for consumers to opt-out from unwanted direct marketing.
The amended regulations oblige direct marketers in South Africa to update their direct marketing lists to remove consumers who opt-out before marketing goods or services.
Through the system, consumers will be able to block unwanted direct marketing communication from either an individual direct marketer or the entire industry.
Registration of direct marketers and consumers will commence in July.
All direct marketers will be expected to register to ensure compliance with the CPA.
Failure by direct marketers to comply with the regulations will be in violation of the CPA, and they can face an administrative penalty of up to R1 Million or 10% of the direct marketers’ annual turnover (whichever is greater).
Welcoming the promulgation of the amended regulations, the NCC’s Acting Commissioner, Hardin Ratshisusu, said: “For too long, consumers have been exposed to intrusive and unwanted direct marketing communication. The regulations provide for a robust mechanism to stem unwanted calls to ensure that consumers are protected.”