THERE is hope in sight for those who are tired of fielding calls from, selling you everything from cell phone contracts to insurance cover.
The government is seeking to regulate telemarketing practices by introducing an Opt-Out Registry. This will allow consumers to block unwanted calls and protect their privacy.
The Department of Trade, Industry and Competition (DTIC) is looking at amending the Consumer Protection Act (CPA) in order to achieve this.
The CPA is a legislation that looks at the welfare of consumers.
Minister Parks Tau, of the DTIC, said the amended regulations were published in the Government Gazette on October 28, 2024.
He said South African consumers were constantly exposed to intrusive marketing, and this had 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, they do not contact any consumer that has registered a pre-emptive block on the Opt-Out Registry,” said Tau in a statement.
According to the proposed regulations, direct marketers and consumers would have to complete a form that included all their details and be placed on the registry. These details must be updated each year.
Direct marketers must ensure their contact details are easily identifiable and they must avoid sending messages from untraceable sources.
They also will not be allowed to contact any consumer for direct marketing and promoting any goods and services unless they have been registered on the registry.
Direct marketers will be required to pay a filing registration fee of R2 452 for this year. Next year, the fee will increase to R2 574 with an annual renewal fee at R1 930.50.
For 2026, the filing registration fee will rise to R2 702.70, while the renewal fee will be R2 025.03.
If a renewal is filed late, a penalty will apply and new tariffs will be published every three years.
The National Consumer Commission will oversee the opt-out registry.
Consumers have welcomed the amendments.
Farzana Shaik Basha, from Phoenix, said: “I am delighted to hear about the proposed amendment to the CPA against spam calls and telemarketing at large.
"Telemarketing forms the basis of employment for many. However, it will be a relief to everyone once the appropriate procedures are implemented against this form of communication, which is primarily for the purpose of direct marketing.”
She said the level of disturbance and harassment by telemarketers were "intolerable and highly frustrating".
“There is absolutely no regard for the consumer's time. I have received calls for cellphones contracts and companies offering me loans. With all of the scams that occur, nobody is comfortable with this kind of exercise over telephone calls.”
She said the CPA would protect the rights of consumers by ensuring marketers refrained from such communication.
“Consumers reserve a right to block such calls that pose a nuisance or hindrance."
Lucky Naicker, from Pietermaritzburg, said: “As much as I acknowledge telemarketers have a role to play in the economy of the country, it must be done within reason. I receive calls from agents offering loans and insurance during odd times of the day or night. This leads to both frustration and anger.”
Naicker said he regularly asked for his details to be removed from the company’s database, but it never happened.
“There are times when I receive calls from different marketers from the same company. I even go as far as blocking marketers' numbers but this does not help. They always use alternative numbers.”
Naicker said telemarketing companies needed to be held accountable, especially if a request was made for one's details to be removed from their database.
Joan Devraj, from Chatsworth, said she received calls at least four times a day.
“At most times, they are trying to sell me cellphone contracts, data or airtime packages. I have tried to block the numbers but they continue to call from other numbers. I could previously identify the numbers because the calls were made from landlines but now the companies are using normal cell phone numbers and it is hard to avoid. It is good to know that the government is trying to regulate this industry.”
Consumers, direct marketers, legal experts, industry associations, and interested citizens can submit their comments by January 15, 2025.
Written comments should be submitted to the DTIC for the attention of Sibusiso Sasayi, Private Bag X 84; Pretoria; 0001; or by email to SSasayi@thedtic.gov.za.