The government has taken strict measures to discourage telemarketers from bombarding cellphones with unsolicited adverts for products and services without their consent.

BusinessLIVE reports that companies are no longer allowed to use personal information without written consent, whether a consumer is an existing customer or a prospective one.

And they are no longer allowed to use a consumer's information after they have objected to being contacted.

Companies are now compelled to keep records of the names of customers who have declined direct marketing approaches and no contact can be made with those customers.

The new rules make it clear that the opt-out option on companies’ SMS adverts cannot be used as a defence for consent. 

Consumers can report organisations that don’t adhere to the requirements of the Information Regulator, which can impose fines on transgressors.

The regulator gazetted a guidance note on direct marketing that became effective in April. Since then, 60 companies have been reported to the regulator for violating the direct marketing policies, and the regulator has intervened.

One company, FT Rams, received a R100 000 fine.

Advertisers have also got smarter by changing their identities and contact numbers on cellphone applications like TrueCaller. 

Information Regulator spokesperson, Nomzamo Zondi, said the regulator needed to act after receiving complaints from consumers.

The guidance note states a company can only process a customer’s data if it obtained their contact details through a point of sale or service.

Companies can only market products related to the product that was bought. For example, if a customer opened a clothing account with a shop, it cannot bombard them with adverts for insurance products.

Full BusinessLIVE report