On 15 April 2026,
the Minister of Trade, Industry and Competition, Mr Mpho Parks Tau, published
the Consumer Protection Act Amendment Regulations, 2026 (Government
Notice R. 7380 in Gazette No. 54521). The regulations amend the 2011 Consumer
Protection Act Regulations and, for the first time, give South African
consumers a practical, one-stop way to block unwanted direct marketing calls, SMSs
and emails.
The idea is simple.
Instead of fighting each marketer one by one, you register a single “pre-emptive
block” with the National Consumer Commission (NCC). From that moment on,
every registered direct marketer in the country is legally required to leave
you alone.
What
the new regulations actually do
The amendments
insert new definitions and a new set of obligations into regulation 4 of the
2011 Regulations. In plain English, they do five important things.
• Create
a national opt-out registry. The
NCC operates a central “opt-out registry” under section 11(3) of the Consumer
Protection Act. The registry must be accessible to everyone in South Africa at
all times, except during unforeseen technical interruptions.
• Introduce
a consumer “pre-emptive block”. A
consumer can register a pre-emptive block by completing the form in the new
Annexure O. One registration covers all direct marketers, not just the one who
last bothered you.
• Force
direct marketers to register too. No
company may contact a consumer for direct marketing unless the company is
itself registered on the NCC’s opt-out registry, using the form in the new
Annexure P. Initial registration is R2,574 in 2026, with annual renewal of
R1,930.50 (rising each year).
• Require
monthly “cleansing” of marketing databases. Registered direct marketers must strip consumers
who have registered a pre-emptive block out of their databases each month,
checked against the Commission’s registry. This is no longer a once-off
exercise — it is a continuous compliance duty.
• Require
marketers to identify themselves. Every
direct marketing communication must show the marketer’s name, electronic
address, physical address and contact number. Anonymous broadcasts from public
platforms are prohibited.
Why
this matters for consumers
Before 15 April
2026, the right to opt out existed on paper, but the system was broken in
practice. You had to reply “STOP” to every SMS, hunt for unsubscribe links at
the bottom of emails, and take fresh action every time a company bought or sold
your data. As soon as your number changed hands, the spam started again.
The new regulations
flip the script. The burden now sits with the marketer. If you have registered
a pre-emptive block and a direct marketer contacts you anyway, the marketer
is in breach of the regulations — even if it was another company that
handed over your details. The onus is on marketers to check the registry and
clean their data, every single month.
What
you should do right now
If unwanted calls
and messages are driving you up the wall, take these practical steps:
• Register
a pre-emptive block. Complete
the Consumer Pre-emptive Block Form (Annexure O) with the NCC. It asks for your
ID or passport number, name, contact details and physical address. Once
captured, you are treated as having opted out of direct marketing across the
board.
• Keep
your information current. Regulation
4(9) obliges you to keep the details on the registry up to date. If you change
your cellphone number or email address, update the registry so the protection
follows you.
• Record
every unwanted contact. Save
screenshots of SMSs, WhatsApp messages and emails, and note the date, time and
company name for any calls. Each contact after registration is a potential
contravention.
• Insist
on the marketer’s details. Direct
marketers are now required to disclose their full name, electronic address,
physical address and telephone number in each communication. If they will not,
that alone is a breach.
• Lodge a
complaint. Use
the updated NCC complaint form (the new Annexure E) to report the marketer. The
regulations preserve your right to pursue the company through the ordinary
courts as well.
A
word for businesses
If your business
uses any form of direct marketing — cold calls, SMS campaigns, email blasts,
WhatsApp broadcasts, in-app push messages — you now need to register on the NCC
opt-out registry using Annexure P, pay the prescribed fee, and build a monthly
cleansing process into your marketing operations. Failing to do so exposes the
business to complaints before the NCC, referrals to the National Consumer
Tribunal, and potential claims under POPIA where personal information has been
misused.
How
BMA Law can help
At BMA Law,
we help consumers enforce their rights against aggressive direct marketers, and
we help businesses bring their marketing operations in line with the new
regulations before complaints start landing on their desks. Whether you need
help filing an NCC complaint, drafting a cease-and-desist letter, or updating
your marketing compliance framework, speak to our team for practical,
no-nonsense advice.
Contact BMA Law:
roy@bmalaw.co.za
• www.bmalaw.co.za
Disclaimer: This
article is for general information only and does not constitute legal advice.
References to the Consumer Protection Act Amendment Regulations, 2026 are based
on Government Notice R. 7380 published in Government Gazette No. 54521 on 15
April 2026. Consumers and businesses should consult a qualified legal adviser
for advice on their specific circumstances.
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