EnDirect marketing spam that frequently floods inboxes of consumers is about to be curbed by a regulation amendment that requires all such marketers to register and comply with the law, otherwise face an exorbitant penalty.
The amended regulations will establish the Opt Out Registry system, which provides mechanisms for consumers to opt out of unwanted direct marketing.
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Amended regulations force marketers to register or face penalties
But some fed up consumers believe opting out is not enough, the right of an individual to privacy must be respected and that permission must be first sought before someone is called.
The change has been seen as a way to protect consumers, as they often receive messages about goods and services that they neither requested nor needed.
With the amendment to Section 11 (3) of the National Consumer Act, Minister of Trade, Industry and Competition Parks Tau has responded to widespread consumer complaints about unsolicited SMSes and e-mail messages from companies that sell their products and services.
Online marketing left many users powerless to act, as the messages often overwhelmed them and came from different sources.
Across cellular, e-mail and even phone calls, marketing messages tend to exceed the useful messages required for the consumer’s productive functioning.
Spam occupies large chunk of storage
They contribute to spam that occupies a large chunk of device storage, often filling it with unwanted material.
The change would force direct marketers to register and for consumers to opt out of their marketing systems. The marketer must ensure all those who opted out of their marketing activity are removed, as required.
The National Consumer Commission (NCC) has welcomed the amendment. Its 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.”
The amended regulation recognises the NCC as the administrator of the opt-out system.
NCC as administrator of opt-out system
Direct marketers will have to register to comply with the Consumer Protection Act and the regulations, otherwise face an administrative penalty of up to R1 million, or 10% of the direct marketer’s annual turnover.
They would be obliged to update their direct marketing lists to remove consumers who opt out. Through the system, consumers will be able to block unwanted direct marketing communications.