Communication, wanted or unwanted, is a vital part of our lives. Direct marketing is where a person is approached by a supplier for the purpose of advertising his/her goods for sale, services available, or to request a donation. The Consumer Protection Act gives every person a right to restrict or block any communication from suppliers of this nature.
What is direct marketing?
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Direct marketing is where a supplier, either in person, by post, or electronically, communicates with a person for the purpose of advertising his/her goods for sale, services available or to request a donation.
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A person can be approached electronically by means of a telephone, fax, sms, wireless computer access, email or other form of technology.
When is a supplier allowed to communicate with a person via direct marketing?
- Saturdays between 9am and 1pm;
- Mondays to Fridays between 8am and 8pm; and
- when a person requested or agreed to another time.
How can a person block or restrict a supplier from communicating with him/her via direct marketing?
- After a person has been approached by a supplier for the purpose of direct marketing, that person can demand, within a reasonable time, that the specific supplier stops communicating with him/her.
- This demand can take the form of replying “no”, “stop” or “opt out” to an email or sms. A person can also place a sign on his/her postbox stating “no junk mail” or “no adverts”.
- A supplier may not ask any person a fee for demanding it to stop communicating with him/her.
- A person can further indicate his/her intention not to receive direct marketing communication to the supplier, or by registering on the website of the Direct Marketing Association of South Africa (“DMASA”).
What is a cooling off right?
- A cooling off right means that a person may cancel an agreement entered into with a supplier that resulted from direct marketing, without a penalty fee.
- A person has a cooling off right of 5 (five) business days from the date of concluding an agreement or delivery of the goods.
- The notice of cancellation must be in writing and delivered to the supplier by hand, fax, e-mail or registered mail.
- The supplier has 15 days from receiving the notice of termination or the returned goods, to return payments to a person minus the following charges:
- charge for use of the goods; and
- necessary restoration costs.
What happens when a supplier does not comply with the Consumer Protection Act?
If a person is of the belief that a supplier has breached the Consumer Protection Act in respect of direct marketing s/he may lodge a complaint with the supplier, or lodge a complaint with a complaints body, such as an ombudsman, the National Consumer Commission and so on, for investigation.