Introduction
At
our firm, we often get calls from frustrated clients who are bombarded with
unsolicited marketing phone calls. Many simply hang up, assuming there’s nothing
they can do.
But
here’s the truth: these unsolicited direct marketing calls are not just
annoying—they're likely unlawful.
The
Protection of Personal Information Act (POPIA) was updated in April 2025 to
give you much stronger rights over your personal information, especially when
it comes to unwanted marketing calls. Here’s what you need to know.
You’re
in Control—Consent Is Key
- Companies can’t legally call or message you to sell products or services unless you’ve clearly agreed to it first.
- This
agreement (called “consent”) must be given by you directly, and you must
understand what you’re agreeing to. If you didn’t say “yes,” they’re
breaking the law by contacting you.
- Just
because you didn’t say “no” doesn’t mean you said “yes.” You have to
actively agree (opt in), not just fail to opt out.
How to Stop Unwanted Calls
If
you get a marketing call you didn’t ask for, you have the right to:
- Ask
who’s calling and where they got your number.
- Clearly
tell them you don’t want to be contacted.
- Send
a follow-up objection by email, SMS, WhatsApp, or other written means.
- Use
your phone’s built-in call-blocking features or third-party apps to block
repeated offenders. Note that marketers may use different numbers, so this
is not a complete solution.
- Make
sure your number is registered with the Direct Marketing Association of
South Africa’s (DMASA) Do Not Contact (DNC) registry. This helps reduce
calls from DMASA member companies, though it may take a few weeks to see
results. Your opt-out registration is valid for three years, after which
you must renew it.
- If
calls continue despite your opt-out request and registration, you can
lodge a complaint with the Information Regulator (the official body that
enforces POPIA) or relevant consumer protection bodies.
- You
can also ask companies to correct or delete your personal information, and
you can do this for free via phone, email, SMS, WhatsApp, post, or even in
person. If you call to exercise your rights, the company must record the
call and give you a copy if you ask.
- Keep
a record of your opt-out requests and any further calls received. This
will help if you need to escalate your complaint to authorities.
New
Rules for Marketers
- If
you’re not already a customer, companies must get your clear permission
before sending you any marketing messages.
- They
have to make it easy and free for you to say yes or no.
- When
asking for your consent, they must tell you exactly what they want to
market and how they’ll contact you (phone, SMS, email, etc.).
- If
they ask for your consent by phone or automated call, they must keep a
recording and give it to you if you request it.
Complaints
Are Easier—And You Can Stay Anonymous
- Anyone
can file a complaint about unwanted marketing calls, not just the person
who got the call.
- You
can complain by email, post, courier, fax, or hand delivery.
- The
Information Regulator can help you write your complaint or translate it if
it’s not in English.
- In
some cases, you can ask to keep your identity hidden.
Companies
Must Keep Improving
- Every
business must have someone in charge of data protection (an Information
Officer).
- Companies
must keep updating their processes to stay in line with the latest rules
and protect your data.
The Bottom Line
The
new POPIA rules put you in charge. If a company calls you out of the blue to
sell something and you never agreed to it, they’re probably breaking the law.
You have the right to:
- Not
be contacted without your clear consent.
- Object
to the use of your data at any time.
- Act
if your rights are ignored.
For
businesses, these changes mean it’s time to get serious about data protection
and marketing consent—no more excuses.
In
short: You
don’t have to put up with unwanted marketing calls. The law is on your side,
and you have real ways to make it stop.
