Spam call loophole in SA

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Spam call loophole in SA

• 18 September 2024
• Regulatory Compliance and Legislation
• South African Accounting Academy

Summary:

The Information Regulator has admitted that nothing prevents telemarketers “from calling you until they find you”.

Article:

Telemarketers in South Africa must request consent to market to an individual through their first call to individuals. However, no regulation specifies a limit to how many times telemarketers can call to request consent.

Therefore, telemarketers could spam call South Africans to request consent if they don’t answer these calls.

What is important is that that first call should be for obtaining your consent. If a telemarketer contacts you for the first time and immediately attempts to market products or services, it is the recipient’s responsibility to confront the telemarketer about not obtaining their consent.

Using the “unsubscribe” or “opt-out” links sent via direct marketing SMSes or emails are not always effective.

The Information Regulator is expected to issue a guidance note on direct marketing as regulated by section 69 of POPIA.

The Information Regulator has not publically published a draft, but has circulated a copy to major industry players in June 2024.

The guidance note will give guidance to responsible parties who direct market to both prospects and customers. And also to operators who process personal information for responsible parties who direct market. It will help them to interpret and practically apply section 69 of POPIA.

The regulator has been working on this guidance note for some time- from about 2021 and there have been many steps in the process, and is expected to release the Guidance Note towards the end of September 2024.

Those found to contravene the act through telephonic marketing could face fines of up to R10 million or jail time.

Click here to read the article:

https://mybroadband.co.za/news/government/560014-big-spam-call-loophole-in-south-africa.html

Relevance to Auditors, Independent Reviewers & Accountants:

• Consumers should stay informed of the latest developments and news articles that are published in the media, and by the Information Regulator.
• Everybody who is prone to receiving unsolicited direct marketing calls, can benefit from knowing how to stop it.

Relevance to Your Clients:

• Consumers should stay informed of the latest developments and news articles that are published in the media, and by the Information Regulator.
• Everybody who is prone to receiving unsolicited direct marketing calls, can benefit from knowing how to stop it.

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