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Does SA’s Consumer Act affect direct marketing?

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Katherine Thompson, Technology Lawyer at Chetty Law.

Direct marketing will be affected by the South African Consumer Protection Act (CPA), says Katherine Thompson, Technology Lawyer at Chetty Law.

Thompson spoke to ITNewsAfrica during the just concluded Email/SMS Marketing and Law Seminar held at the Forum, Bryanston, Johannesburg, South Africa.  The law seminar was presented by Chetty Law’s Technology and Innovation Law professionals.


“There are numerous provisions in the Act that deal specifically with direct marketing. One in particular requires a person to be able to refuse to accept marketing material. It also makes provision for a national opt out registry, all of which we’re looking into”.

Thompson says the opt out registry has been provisionally released, however it is still open to objections.

“There’s still a transition period at the moment. Organisations will need to review their practices to make sure that their marketing is done in accordance with the CPA.

“If marketing isn’t done in accordance with the CPA, organisations will be held liable. They’ll need to approach the way they do it by providing for consumers to opt out and make provisions for the opt out registry when it does come into force and effect.

Bontle Moeng

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