CONSUMER PROTECTION ACT: PRE-EMPTIVE BLOCK REGULATIONS AMENDED

The Department of Trade, Industry & Competition has gazetted amendments to regulations under the 2008 Consumer Protection Act dealing with pre-emptive blocks. Released in draft form in November 2024 for public comment, the amendments are immediately effective. They introduce additional provisions under Regulation 4 (mechanisms to block direct marketing communication) affecting the opt-out registry, with implications for the obligations of:

  • direct marketers
  • consumers registering pre-emptive blocks, and
  • the Consumer Commission as registry custodian, as well as
  • the associated fee structure.

To this end, among other things the amendments insert sub-regulations 4(7) to (10) – presumably under sub-regulation 4(6). Unfortunately, as far as can be ascertained there is no sub-regulation 4(6) in the 2011 regulations. Neither do the original regulations appear to have been amended previously.

Published by SA Legal Academy Policy Watch

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