Does POPIA limit automated telesales calls?
Telemarketers may be exploiting a loophole to constantly contact uninterested people.
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John Maytham speaks to Advocate Pansy Tlakula, Chairperson of the Information Regulator.
Listen to the interview in the audio below.
There is nothing more frustrating that being constantly contacted by a telemarketer after making efforts to block them.
The reason that telemarketers are able to do this is because they are taking advantage of a loophole in the interpretation of “electronic communication.”
They use this loophole in reference to unsolicited direct marketing according to the provisions of the Protection of Personal Information Act (Popia).
Popia prohibits unsolicited direct marketing via SMSes, but there are different interpretations when it comes to calls.
However, the regulator is working on a way to solve these telesales frustrations.
Tlakula says that Popia does restrict automated calling machines as they fall within the interpretation of electronic communication.
She adds that even if a phone call does not fall into this category, telemarketers cannot continue to call you after you have told them to stop.
“Even if a telephone is not an electronic communication, that does not mean it is a free for all.”
- Advocate Pansy Tlakula, Chairperson of the Information Regulator
“They have to receive your consent to receive direct marketing messages.”
- Advocate Pansy Tlakula, Chairperson of the Information Regulator