CONSUMER PROTECTION ACT REGULATIONS: INPUT SOUGHT ON DRAFT AMENDMENTS

CONSUMER PROTECTION ACT REGULATIONS: INPUT SOUGHT ON DRAFT AMENDMENTS

• 28 October 2024
• Trade, Industry & Competition
• SA Legal Academy

Please note: 1) On 31 October 2024, the department issued a media statement referring to 15 January 2025 as the closing date for input on the draft amendments. However, since the same statement also refers to a 45-day commentary period on what is now being proposed, clarity is needed. 2) On 18 November 2024, the department issued a media statement changing the deadine to 12 December 2024.

The Department of Trade, Industry & Competition has called for input by 12 November 2024 on proposed amendments to regulations under the Consumer Protection Act, 2008. Focusing on direct marketing, the amendments envisaged:

• have implications for pre-emptive blocking, and
• introduce measures intended to facilitate ‘the effective operation of the opt-out registry’.

To that end, the draft amendments seek to strengthen sub-regulation 4 (mechanisms to block direct marketing communication) – among other things by inserting new provisions on the obligations of:

• direct marketers (including monthly data cleansing)
• consumers wishing to pre-emptively block direct marketing (including regularly updating information reflected in the opt-out registry), and
• the Consumer Protection Commission in managing the registry.

A revised fee structure is also proposed.

• draft amendments
• regulations (it is not clear from available information if these have been amended since 2011, when they were gazetted)

Published by SA Legal Academy Policy Watch

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