Direct Marketing Under the Consumer Protection Act
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[27 April 2026]
On April 15, 2026, official updates to the Consumer Protection Act Regulations officially took effect. Released by the Minister of Trade, Industry and Competition, these amendments introduce a dedicated opt-out registry designed to protect consumers from the ongoing surge of telemarketing spam.
The Minister of Trade, Industry, and Competition has released draft amendments to the Consumer Protection Act 2008 regulations to support the implementation of an opt-out registry for direct marketing through electronic communications.
Public comments are open until January 15, 2025, and can be submitted to ssasayi@thedtic.gov.za, directed to Mr. Sibusiso Sasayi, Acting Director-General, Department of Trade, Industry, and Competition.
Section 11 of the Consumer Protection Act addresses the “right to restrict unwanted direct marketing,” affirming that the right to privacy includes the:
Right to decline direct marketing.
Right to request cessation of direct marketing from a sender.
Right to proactively block direct marketing communications.
To enforce these rights:
Consumers may, during or shortly after receiving direct marketing, demand that the sender ceases further communications.
The National Consumer Commission (NCC) can establish or endorse an authoritative registry where individuals may preemptively block direct marketing, generally or for specific purposes.
Direct marketers are required to maintain processes to receive and comply with desist requests and must stop sending direct marketing to consumers who have opted out or registered a preemptive block.
Although regulations were published in 2011 to establish the opt-out registry, no such registry has been set up, nor has the NCC recognized any third-party registry, such as WASPA’s, as authoritative under the Act.
The current draft regulations aim to strengthen the regulatory framework in response to an increase in voice spam. Key issues, such as the alignment between the draft regulations and the Protection of Personal Information Act (POPIA), need further clarification. POPIA generally mandates opt-in, whereas the Consumer Protection Act relies on opt-out provisions. Although the Information Regulator plans to release guidance on electronic direct marketing, POPIA has so far been limited in addressing spam.
The draft regulations propose:
Preemptive Block Registration: A provided form enables consumers to register a preemptive block at no cost.
Direct Marketer Registration: Individuals engaging in direct marketing must register with the NCC using a specific form and renew this annually. Without valid registration, direct marketers cannot contact consumers.
Identification Requirements: Direct marketing recipients must be able to identify the marketer’s name, email, physical address, and contact number. Public platforms cannot be used for anonymous direct marketing.
Database Maintenance: Direct marketers are responsible for regularly updating registry information.
Respecting Preemptive Blocks: Direct marketers must exclude from their databases any information related to individuals who have opted out, cleansing their data with the NCC each month.
Under section 6(1) of the Consumer Protection Act (CPA), the Minister of Trade and Industry must set an annual turnover or asset value threshold. Juristic persons exceeding this threshold will not qualify for the Act’s protections.
Direct Marketing Under the Consumer Protection Act
[27 April 2026]
On April 15, 2026, official updates to the Consumer Protection Act Regulations officially took effect. Released by the Minister of Trade, Industry and Competition, these amendments introduce a dedicated opt-out registry designed to protect consumers from the ongoing surge of telemarketing spam.
Consumer Protection Act Amendment Regulations 2026
[3 November 2024]
The Minister of Trade, Industry, and Competition has released draft amendments to the Consumer Protection Act 2008 regulations to support the implementation of an opt-out registry for direct marketing through electronic communications.
Draft Amendments to Consumer Protection Act Regulations 2024 – Opt-out Registry
Public comments are open until January 15, 2025, and can be submitted to ssasayi@thedtic.gov.za, directed to Mr. Sibusiso Sasayi, Acting Director-General, Department of Trade, Industry, and Competition.
Section 11 of the Consumer Protection Act addresses the “right to restrict unwanted direct marketing,” affirming that the right to privacy includes the:
To enforce these rights:
Direct marketers are required to maintain processes to receive and comply with desist requests and must stop sending direct marketing to consumers who have opted out or registered a preemptive block.
Although regulations were published in 2011 to establish the opt-out registry, no such registry has been set up, nor has the NCC recognized any third-party registry, such as WASPA’s, as authoritative under the Act.
The current draft regulations aim to strengthen the regulatory framework in response to an increase in voice spam. Key issues, such as the alignment between the draft regulations and the Protection of Personal Information Act (POPIA), need further clarification. POPIA generally mandates opt-in, whereas the Consumer Protection Act relies on opt-out provisions. Although the Information Regulator plans to release guidance on electronic direct marketing, POPIA has so far been limited in addressing spam.
The draft regulations propose:
Proposed Fees
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[April 2011]
Consumer Protection Act Regulations (1 April 2011)
Under section 6(1) of the Consumer Protection Act (CPA), the Minister of Trade and Industry must set an annual turnover or asset value threshold. Juristic persons exceeding this threshold will not qualify for the Act’s protections.
As of 1 April 2011, the threshold for a juristic person’s size is set at R2,000,000, with the calculation method outlined in the Determination of Threshold schedule under the Consumer Protection Act 2008.
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