Study Set Content:
S 1 & S 32 What is the definition of direct marketing?
Approaching a person in person/mail/electronic communication, for the direct/indirect purpose of promoting/offering to supply, in the ordinary course of business, any goods or services to the person, or requesting the person to make a donation of any kind for any reason.
S 11 consumer has a right to...
restrict unwanted direct marketing.
S 11(6) The minister regulates...
the time for contacting consumers at home for purposes of direct marketing.
S 11 Direct marketing is relevant to consumer's..
- right to privacy
- cooling off right
S 11(1) Right to privacy includes..
right to refuse an approach/communication or to require that it be discontinued/blocked, if such approach is primarily for the purposes of direct marketing
S 11(3) NCC may establish/recognize as authoritative, a registry...
In which any person may register a pre-emptive block against any communication that is primarily for the purpose of direct marketing.
S 12 and Reg 4 states the
Contact time with consumers - times for restricted direct marketing
NOT: Sundays or public holidays
NOT: Saturdays before 9:00 and after 13:00
NOT: any other day between 20:00 and 8:00
S 12 and reg 4 not applicable where
... consumer expressly or implicitly requested or agreed to be contacted in those times.
A consumer’s right to privacy and the regulation of unwanted or unsolicited communications with regards to electronic communications and transactions...
...are protected ito the Electronic Communications and Transactions Act
The CPA should thus be interpreted with the..
- ECTA 25 OF 2002
- POPI 4 OF 2013
Protection of Personal Info Act (POPI ACT) -
- aims to promote the protection of personal info processed by public and private bodies
- provides for the rights of persons regarding unsolicited electronic communications and automated decision-making.
- introduces codes of conduct as well as to establish min requirements for the processing of personal info
S 16 consumer’s cooling-off right..
only given to a transaction that is subject to the CPA and is the result of direct marketing.
S 16 Consumer has right to
cancel a particular kind of agreement
S 16(3) Consumer may step outside agreement without breach/without reason or penalty...
by noticing supplier in writing/ other recorded manner or form within 5 business days after the date on which the agreement was concluded or the goods were delivered to the consumer if result of direct marketing
S 16(1) Cooling off right...
Not applicable where: s44 of the ECTA applies to it
S 16 cooling off right not in substitution for any right to...
rescind a transaction or agreement that may exist in law between a supplier and consumer.
S 16 if consumer cancels...
Supplier must return payment
Supplier must return the payment within...
15 days after consumer delivers the goods or 15 days after receipt of the notice.
Supplier must not attempt to collect any payment where the consumer is exercising their cooling off right unless it falls within...
section 20(6)
Section 20(6): when supplier may charge fee ito goods returned by consumer
The supplier can deduct costs if the value of thing has depreciated
