Can cold-calling land you in hot water?

The recent amendments to the Consumer Protection Act 68 of 2008 (CPA) regulations introduce a formal compliance framework for direct marketing in South Africa, having taken effect from the 15 April 2026.

For property practitioners who rely on cold-calling and any other methods of direct marketing – including SMS campaigns, canvassing of neighbourhoods or making use of outsourced lead-generation services – this does not mean the end of your prospecting strategy. But it does mean your marketing methods must now align with a clearly regulated system.

Direct marketing remains lawful, but compliance is no longer optional.

What the CPA already says

Section 11 of the CPA has always given consumers the right to refuse direct marketing, demand that a marketer stop contacting them and pre-emptively block marketing via an official registry.

It also provides for a complaint’s procedure against direct marketers, which include the following:

• Complaint to the National Consumer Commission (NCC): A consumer may lodge a complaint with the NCC, which may investigate the supplier’s conduct.
• Compliance notice: The NCC may issue a compliance notice directing the supplier to stop the prohibited conduct and take corrective action.
• Referral to the National Consumer Tribunal: If the supplier fails to comply, the matter may be referred to the National Consumer Tribunal for enforcement proceedings.
• Administrative fines: The Tribunal may impose an administrative fine of the greater of: 10% of the supplier’s annual turnover, or R1 million.

The amendments build on section 11 by introducing operational and compliance obligations for direct marketers. But, are property practitioners regarded as direct marketers?

If you are calling potential sellers, landlords or buyers, or employing the use of any other methods of direct marketing, you are a direct marketer. This triggers a set of ongoing compliance obligations, not just a once-off requirement.

Let’s look at the specific obligations that may apply to you (direct marketer obligations). To remain compliant, property practitioners must:

1. Register as a direct marketer (annually)

You must formally register with the NCC by completing the prescribed process (Annexure P).

This is not informal – it requires:

• Company registration details
• VAT number
• Contact information
• Supporting documents (e.g. tax clearance, BBBEE certificate)

There are also prescribed fees, including:

• Initial registration fee (R2 574)
• Annual renewal fees (R1 930.50)
• Filing cleansing fee per data entry (R0.12)

2. Conduct monthly database cleansing

You are required to check your contact database against the National Opt-Out Registry and remove any consumers who have registered a pre-emptive block. This must be done monthly, not annually. In other words: Your marketing list must be continuously updated to reflect consumer privacy choices.

3. Do not contact blocked consumers

If a consumer has registered a pre-emptive block, then you may not contact them at all for direct marketing.

4. Honour direct opt-out requests immediately

This is separate from the registry, but remains just as important. Even if a consumer is not registered, they can tell you during a call, or shortly after, to not contact them again and to remove their contact details from the direct marketer’s contact list. As per the CPA, you are obliged to record that request, remove them from your database and stop all future communication.

5. Ensure you are clearly identifiable

All communications (calls, emails, SMSes) must clearly identify your agency and provide clear and correct contact details.

Consumer rights and responsibilities

Consumers carry a much lighter burden, but they do still have a role to play. Consumers have the right to register a pre-emptive block on the Opt-Out Registry and demand that any marketer stops contacting them (even without registering on the registry). These registrations and demands can be made free of charge to the consumer.

If a consumer wishes to use the registry, they must register via the prescribed process (using Annexure O), provide accurate information and must ensure their details and information are updated. This ensures the system works effectively across all registered marketers.

An important clarification: The common misconception is that consumers must register to be protected. That is not correct. Even if a consumer is not on the registry, they can still directly instruct you to stop contacting them – and as a direct marketer, you must comply with this request.

Practical compliance for property practitioners

For agencies across South Africa, this amendment introduces a structured compliance obligation, not a ban on cold-calling.

A practical, compliant approach looks like this:

• Register annually as a direct marketer on the registry;
• Keep your registration details up to date;
• Run a monthly check against the registry and build internal processes to record opt-out requests and immediately remove those contacts;
• Ensure every communication clearly identifies your business.

The amendments shift the landscape from informal marketing practices to regulated, accountable engagement. For property practitioners, the message is clear: You can still cold-call, but you must register as a direct marketer; cleanse your database monthly; and respect both registry blocks and direct opt-out requests.

This amendment doesn’t hinder your business; it strengthens it by aligning your practices with consumer rights and building long-term trust.

Rowan Terry

Legal Counsel

TPN Credit Bureau

Claire Laurent

Director

SBL Law

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