South Africa Tightens Direct Marketing Rules to Combat Spam Calls in 2026 CPA Amendment

by Daniel Perez - News Editor
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Say goodbye to spam calls as you recognize them in South Africa South Africa’s fight against unsolicited direct marketing has entered a new phase with the operational launch of the Consumer Protection Act Amendment Regulations, 2026. Effective from 15 April 2026, these regulations establish a national opt-out registry managed by the National Consumer Commission (NCC), fundamentally changing how direct marketers operate and empowering consumers to block unwanted communications. The regulations grant practical effect to long-standing provisions in the Consumer Protection Act No. 68 of 2008 that allowed consumers to restrict direct marketing but lacked the administrative framework for implementation. Now, the NCC maintains a centralized registry where consumers can register a pre-emptive block to prevent all direct marketing contact, whether by phone, SMS, email or other electronic means. For direct marketers, compliance requires registration with the NCC and annual renewal. They must cleanse their marketing databases monthly against the opt-out registry, removing any consumers who have registered a block. Marketing to individuals on this registry is strictly prohibited. The NCC has confirmed that registration for both consumers and direct marketers will commence in July 2026, with public communication about the process to precede the launch. Non-compliance carries significant penalties. The NCC states that violations may result in administrative fines of up to R1 million or 10% of the offending direct marketer’s annual turnover, whichever is greater. This underscores the seriousness with which the regulator views adherence to the new opt-out system. The regulations were developed following consultation with the NCC and provincial consumer regulatory authorities and issued by the Minister of Trade, Industry and Competition under sections 120(1)(a) and 11(6) of the Consumer Protection Act. They amend the 2011 Consumer Protection Act Regulations by adding three new annexures (N, O and P) containing the required forms and fee schedules for the opt-out and registration system. By placing the administration of the opt-out registry squarely within the NCC’s mandate, the regulations address long-standing concerns about fragmented enforcement and provide consumers with a single, accessible mechanism to reduce spam calls, and messages. As the NCC’s Acting Commissioner affirmed, the measure responds to widespread consumer fatigue with intrusive and unwanted direct marketing communications.

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