The Department of Trade, Industry and Competition (DTIC) has invited public comment on regulations that aim to curb unwanted direct marketing.
In a statement, the DTIC says the comments relate to a draft amendment of regulations 4 of the Consumer Protection Act (CPA), in consultation with the National Consumer Commission and provincial consumer regulatory authorities.
According to the department, regulations 4 of the CPA provide mechanisms to block unwanted direct marketing communication.
“South African consumers are constantly exposed to intrusive marketing, and this has significantly increased over the years. 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.
“All interested parties, including direct marketers, legal experts, industry associations and interested citizens are encouraged to submit their comments by no later than 15 January 2025.”
Legal experts have, in the past, stressed the need for clarity on what telemarketers can and cannot do when conducting direct marketing.
The South African Direct Marketing Association set up its first do not contact list in 2006, as a service to help consumers opt-out of receiving direct marketing communications. Consumers can opt out by registering their e-mail, address, telephone and cellphone details online at www.dmasa.org.
Under the new law, consumers can be listed on the national database so they are not contacted by marketers.
In the Government Gazette, the DTIC says to facilitate the effective operation of the opt-out registry, a direct marketer must register annually on the opt-out registry administered by the National Consumer Commission.
Further, they must ensure an electronic communication recipient is able to identify the name, electronic address, physical address and contact number of the direct marketer, as well as make certain the information kept on the opt-out registry is up to date.
Written comments should be submitted to the DTIC for the attention of Sibusiso Sasayi, Private Bag X 84, Pretoria, 0001. Alternatively, comments can be submitted to SSasayi@thedtic.gov.za.
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