For years, South Africans had to deal with endless unwanted telemarketing calls and spam messages. That, or simply ignoring the call until they hang up. However, that could soon be a thing of the past as recent legislative changes are drastically changing the direct marketing landscape.
According to the National Consumer Commission (NCC), the Minister of Trade, Industry and Competition, Parks Tau, officially gazetted amendments to Regulation 4 of Section 11(3) of the Consumer Protection Act (CPA) on April 15 2026.
These amendments are combined with new directives under the Protection of Personal Information Act (POPIA), aiming to shift the burden of stopping spam away from the consumer and onto the companies.
Here is what the regulations mean for you.
1. A centralised opt-out registry for consumers
The CPA amendments introduce a new National Opt-Out Registry System (OORS) administered by the NCC. You would be able to register a “pre-emptive block” on this registry, which will legally prevent all registered direct marketers from contacting them.
In a statement on their site, Werksmans Attorneys said this eliminates the need for consumers to unsubscribe from every company individually.
2. The end of the “first contact” loophole
Historically, telemarketers relied on a loophole allowing them to make an initial call to ask for your consent. This “first contact” approach is now explicitly outlawed for anyone on the registry.
Furthermore, Mayet & Associates states that the Information Regulator has officially classified telephone calls as “electronic communications” under POPIA. This means businesses must now obtain explicit, opt-in consent before sending direct marketing to non-customers.
Furthermore, telemarketers must also read a specific consent form aloud and record the call as proof of compliance.
3. Strict rules and fees for direct marketers
The regulations introduce heavy operational duties for companies. According to the NCC, all direct marketers are mandated to register with the Opt-Out Registry system starting in July 2026.
Once registered, marketers have a recurring duty to respect consumer preferences.
4. Penalties for non-compliance
It is worth noting that the cost of breaking the new rules is severe. According to the NCC, failure to comply with the CPA regulations could attract an administrative penalty of up to R1 million, or 10% of the direct marketer’s annual turnover, whichever is greater.
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