Government tightens rules on unwanted direct marketing – here’s what you need to know

The Department of Trade, Industry and Competition (dtic) is tightening the rules on direct marketing communication to protect consumers amid the rise in intrusive marketing that South African consumers have been subjected to over the years.

The amended regulations will ensure that a direct marketer does not contact a consumer without their permission.

The Minister of Trade, Industry and Competition, Parks Tau, published the amended Regulations in the Government Gazette on 28 October 2024.

He has given interested parties 45 days to submit their comments, with the deadline set for 15 January 2025.

The amended legislation will establish an opt-out registry administered by the National Consumer Commission (NCC). This will allow consumers to register a preemptive block by completing the provided form.

ALSO READ: Spam calls driving you nuts? Here are your rights regarding direct marketing

“With the opt-out registry, direct marketers must be registered and should ensure that when contacting any consumer for direct marketing that they do not contact any consumer that has registered a pre-emptive block on the opt-out registry,” said the department.

Amended regulations on direct marketing

A direct marketer will be required to register annually on the opt-out registry by completing an electronic form.

They must also ensure that recipients of electronic communication can identify the name, electronic address, physical address and contact number of the direct marketer.

ALSO READ: How consumer rights can protect you from direct marketing

Additionally, direct marketers must keep the information on the opt-out registry up to date and ensure that it is identifiable on public platforms.

They must also ensure that any electronic communication transmitted to the recipient’s device is identifiable and that they do not directly market any goods or services to consumers who have registered a relevant preemptive block.

Direct marketers are required to remove from their database all data of persons who have registered a relevant preemptive block, cleansing such data monthly with the commission.

They must not contact any consumer for the purpose of direct marketing or promoting any goods and services unless they are registered as a direct marketer on the opt-out registry.

ALSO READ: Gatvol of spam calls and telemarketing? Help may be on the way

“The Department of Trade Industry and Competition (the dtic) calls on all stakeholders and interested parties to submit comments on the draft amended Regulations 4 of the Consumer Protection Act (CPA 68 of 2008). Regulations 4 of the CPA provides mechanisms to block unwanted direct marketing communication.