Are you constantly interrupted by unwanted marketing calls and emails, especially when you’re trying to work or having dinner with your family? It’s not just an irritation; it raises serious questions about where these companies obtained your contact information and how they are monitoring your consumer behaviour to target you.
Recognising this widespread concern, the Department of Trade, Industry, and Competition (DTIC) is set to introduce significant amendments to the Consumer Protection Act (CPA) to address intrusive direct marketing.1
But the CPA is more than just about stopping unwanted communications. It is a set of rules that protects you, the consumer, from unfair business practices. It’s designed to ensure that businesses treat you fairly and honestly. It is therefore essential to be aware of your rights as outlined in the CPA. These include:
Right to information: You have the right to clear and understandable information about products and services. No more confusing jargon or hidden fees!
Right to honest advertising and marketing: Consumers are protected from any harassment, coercion, force and unfair tactics from suppliers when they are marketing, supplying, etcetera. Consumers have the right to accountability from suppliers.
Right to fair contracts and terms: Contracts and agreements must be fair. Businesses can’t sneak in unreasonable clauses that disadvantage you. Additionally, consumers have the right to cancel agreements.
Right to value, quality, and safety: Products must be of good quality, safe, and fit for their intended purpose. If something is not fit for purpose, you have the right to have it repaired or replaced at no cost to you, or to claim a refund.
Right to choose: You have the right to choose your supplier. Businesses can’t force you to buy something you don’t want.
Right to privacy: This is where the new amendments come in, but generally, it means businesses must protect your personal information.
Right to fair and responsible marketing: Again, this is being updated, but it means no misleading marketing.
CPA amendments: What is changing?
Here’s a simplified breakdown of the proposed changes:
Implementation of a national opt-out registry:
The National Consumer Commission (NCC) will create and manage an opt-out registry where you can register to block direct marketing. This means you can tell businesses, “Don’t contact me for marketing purposes.”
Direct marketers’ responsibilities:
Businesses that engage in direct marketing will have to register with the NCC. They’ll have to “clean” their databases regularly, removing the contact information of people who have registered on the opt-out registry.
They must ensure that all electronic communications are identifiable by their name, electronic address, physical address, and contact information. They are not allowed to send marketing to anyone on the registry.
There will be fees associated with being a direct marketer and using the registry.
Consumers’ responsibilities: If you register on the opt-out registry, you’ll need to provide accurate information and keep it up to date.
NCC’s responsibilities: The NCC enforces the CPA and investigates complaints.
What this means for you:
More control: You’ll have more control over who can contact you for marketing purposes.
Less intrusive marketing: You will get fewer unwanted calls and emails.
Increased privacy: Your personal information will be better protected.
The rollout of these amendments is planned for the 2025/2026 financial year, ending on 31 March 2026.
The regulation updates, in conjunction with POPIA regulations2, represent a strong trend toward much stricter control of direct marketing.
The CPA is the cornerstone of consumer protection in South Africa, allowing consumers to exercise their rights and ensuring a fair and equitable marketplace. In instances where these rights are violated, the CPA provides clear mechanisms for redress, ensuring that consumers are not left without recourse.
How to lodge a complaint3
To deal with your complaints, the National Consumer Council has introduced an e-services portal where consumers can lodge complaints against alleged contraventions of the CPA. The portal is accessible on https://thencc.org.za/complaints/. You can also phone the NCC’s contact centre at 012 065 1940 or send an email to enquiries@thencc.org.za or advisory@thencc.org.za
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