Spam call epidemic: South African regulator takes action

South Africa’s Information Regulator (IR) is taking strong action against the ongoing issue of spam calls. Recognising telemarketing as a form of electronic communication, the Regulator has invoked the Protection of Personal Information Act (POPIA) to address this intrusive practice.

Major loophole in current legislation

The main issue lies in obtaining explicit consent before initiating any marketing calls. While the IR emphasises this principle, enforcement remains a challenge, according to My Broadband. The first enforcement order was issued against FT Rams Consulting already in February 2024. Although this is a significant step, it is a drop in the ocean compared to the volume of spam calls received by South Africans.

A major loophole in the system is that there are currently no regulations that limit the number of attempts a telemarketer can make to obtain consent. This opens the door for persistent and intrusive calling behaviour, effectively circumventing the spirit of consent.

Tlakula emphasised that the first call from a telemarketer should be to obtain consent from the recipient.

She explained that, when a telemarketer calls an individual for the first time and immediately attempts to sell products or services, it is the recipient’s responsibility to confront them about not getting consent.

Chair of IR personally fed up with calls

Information Regulator chair Pansy Tlakula has taken a personal issue with spam callers in the country. ‘If you decline the communication, they should stop, but they don’t stop,’ said Tlakula.

The Regulator anticipates legal challenges from telemarketing companies contesting the classification of telemarketing as electronic communication. Despite these hurdles, ongoing efforts to curb spam calls are crucial for protecting consumer privacy.

The IR stated that it will investigate when it receives a complaint about direct marketing. An enforcement notice may follow the investigation. Should the responsible party fail to adhere to the instructions in an enforcement notice, this may result in us issuing an infringement notice which carries a fine of up to R10 million and/or imprisonment.

Tlakula also mentioned that the ‘unsubscribe’ option often fails. She mentioned that she has personal experience of clicking unsubscribe but still receiving messages from companies she has unsubscribed from.