The National Consumer Commission’s new Opt-Out Registry gives consumers an important new way to take control of unwanted direct marketing. The registry allows consumers to register a pre-emptive block against direct marketing communications, either from a particular direct marketer or across the industry. This means that, rather than waiting for unwanted calls or messages and asking individual companies to stop contacting you, you can proactively record your preference on the registry. The Commission has described the system as a mechanism to reduce intrusive and unwanted marketing and strengthen consumers’ control over how their contact details are used.
One of the useful features of the system is that consumers can make choices about where they do and do not want to receive direct marketing. Consumers can register a block and may change their choice of communication medium when their preferences change. However, there is an important practical consideration: consumers need to make sure that the information they provide is accurate and kept up to date. Frustratingly, the Commission has previously indicated that changes to communication preferences may take up to 30 calendar days to be reflected on the Registry. This means that consumers should not wait until they are receiving persistent marketing to register; if you know that you do not want unsolicited marketing calls, messages or other direct communications, registering your preference early can provide a stronger and more organised way of exercising your rights.
What if communication from an organisation you have blocked does not stop after registration? This may be due to a marketer not yet having updated its database. The Registry is a compliance mechanism that requires direct marketers to check their marketing lists and remove consumers who have registered a pre-emptive block before conducting direct marketing. If unwanted direct marketing continues after your registration has taken effect, keep records of the communications—including the date, time, company, telephone number or other contact details—and report this to the Commission. The Registry therefore provides not only a practical way to prevent unwanted marketing, but also a formal basis for regulatory action where non-compliance occurs.
The Opt-Out Registry should be used alongside other available rights, including the right to ask an individual marketer to stop contacting you. Access the registry at https://eservice.thencc.org.za/, create a profile and then record your preferences on the Opt-Out Registry.
By Maureen Mothobi, researcher, and Trudie Broekmann