The recent amendment to the Consumer Protection Act (CPA) introduced a host of new rules for direct marketers in South Africa.
The new CPA regulations came into effect on 15 April 2026 and have introduced a host of more stringent rules on direct marketers.
Rowan Terry, Legal Counsel at TPN Credit Bureau and Clare Laurent, from SBL Law, highlighted several changes to the CPA, noting that while Direct Marketing remains lawful, compliance is no longer optional.
Section 11 of the CPA has always given consumers the right to refuse direct marketing, demand a marketer stop contacting them and pre-emptively block marketing via an official registry.
It also provides a complaints procedure, which includes submitting complaints to the National Consumer Commission (NCC), which can issue a compliance notice directing the marketer to stop the prohibited conduct.
Should the marketer fail to comply, the matter can be referred to the National Consumer Tribunal for enforcement proceedings.
The tribunal can then impose an administrative fine of the greater of 10% of the supplier’s annual turnover, or R1 million.
The amendments build on section 11 by introducing operational and compliance obligations for direct marketers, such as property practitioners. It includes a new national Opt-Out registry.
The experts said to remain compliant with the new regulations, register as a direct marketer annually. One must formally register with the NCC by completing the prescribed process. This requires:
- Company registration details
- VAT number
- Contact information
- Supporting documents (e.g. tax clearance, BBBEE certificate)
Fees for the system include an initial registration fee (R2,574.00), annual renewal fees (R1,930.50), and a filing cleansing fee per data entry (R0.12).
One is also required to check their contact database against the National Opt-Out Registry and remove any customers who have registered a pre-emptive block, which must be done monthly.
“If a consumer has registered a pre-emptive block, then you may not contact them at all for direct marketing,” the experts said.
“Even if a consumer is not registered, they can tell you during a call, or shortly after, not to contact them again and to remove their contact details from the direct marketer’s contact list.
As per the CPA, one must record the request, remove the information from the database and stop all future communication.
Consumers are not off the hook
While consumers play a much lighter burden, they also have a role to play. Consumers can use the Opt-Out registry and demand that any marketer stop contacting them, free of charge.
If a consumer wishes to use the registry, they must register via a prescribed process, provide accurate information, and ensure their details are updated.
“This ensures the system works effectively across all registered marketers. An important clarification – the common misconception is that consumers must register to be protected. That is not correct.”
“Even if a consumer is not on the registry, they can still directly instruct you to stop contacting them, and as a direct marketer, you must comply with this request.”
The experts said that the new amendments shift the landscape from informal marketing practices to regulated, accountable engagement.
