Privacy is taken seriously by the CPA, and direct marketing will now be restricted.
Direct marketing is defined by marketing done either in person, by post, or electronically (This bodes well for those that have an aversion to receiving junk mail either in the post or by email). Estate agents who drop flyers in your post box, and tow trucks that persist in towing your vehicle at the scene of an accident, will become something of the past. A block can be put into place, free of charge, against a direct marketer.
Once you register for the still-to-be-established national register, a direct marketer can be punished under the new Consumer Protection Act, should they persist in contacting you. Being approached in person, by an individual offering services does not fall under the CPA.
Plans to establish a national register are still in the making, though, which will be announced by the DTI, in due course.
You can log onto http://www.optout.co.za/ to find out more about the Direct Marketing Association, and to register your details.
With this in place all members of the DMA (Direct Marketing Association), will be obliged to remove your details from their databases. The register that is being set up with the CPA will apply to all companies, regardless if they are members of the DMA or not. All companies will therefore not be able to contact you for direct marketing purposes once this is up and running and you have registered.
The legal implications are so large, that direct marketing will all but disappear. When buying as a result of a direct marketing approach, there is cooling off period of five working days. You will have the right to cancel the transaction and return what you have bought without stating a reason, without being penalized. But, if you have already used the goods, and damaged the packaging, then the supplier will be in their right to charge you for this. Cancelling a booking or reservation, or an order, the supplier cannot charge a cancellation fee due to death or if you are hospitalized.
But should there be any other extenuating circumstances, the supplier will then be in their rights to charge a cancellation fee.
GET NCA CERTIFIED TODAY!