The recent amendments to the Consumer Protection Act 68 of 2008 (CPA) Regulations introduced a formal compliance framework for direct marketing in South Africa. The CPA Amendments took effect on 15 April 2026.
For property practitioners who rely on cold-calling or other direct marketing methods, the rules have changed. These methods include SMS campaigns, neighbourhood canvassing, and outsourced lead-generation services. This does not signal the end of your prospecting strategy. However, it does mean your marketing practices must now align with a clearly regulated system.
Direct marketing remains lawful. However, compliance is no longer optional under the CPA Amendments.
What the CPA already says
Section 11 of the CPA has always given consumers the right to refuse direct marketing. It also allows them to demand that marketers stop contacting them. In addition, consumers may block direct marketing in advance through an official registry.
The CPA also provides a complaints procedure against direct marketers, including the following:
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Complaint to the National Consumer Commission (NCC)
A consumer may lodge a complaint with the National Consumer Commission (NCC). The commission may then investigate the supplier’s conduct.
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Compliance notice
The NCC may issue a compliance notice directing the supplier to stop the prohibited conduct. It may also require the supplier to take corrective action.
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Referral to the National Consumer Tribunal
If the supplier fails to comply, the NCC may refer the matter to the National Consumer Tribunal for enforcement proceedings.
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Administrative fines
The Tribunal may impose an administrative fine equal to the greater of:
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- 10% of the supplier’s annual turnover; or
- R1 million.
The regulations build on Section 11 by introducing operational and compliance obligations for direct marketers. However, are property practitioners regarded as direct marketers?
If you call potential sellers, landlords, or buyers or use any other direct marketing methods, you are a direct marketer. Consequently, the CPA Amendments impose ongoing compliance obligations rather than a once-off requirement.
Let us examine the specific obligations that may apply.
Direct marketer obligations
To remain compliant, property practitioners must:
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Register as a direct marketer annually
You must formally register with the National Consumer Commission by completing the prescribed process (Annexure P).
This is a formal process that requires:
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- Company registration details
- VAT number
- Contact information
- Supporting documents, such as a tax clearance certificate and a B-BBEE certificate
The regulations also prescribe the following fees:
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- Initial registration fee: R2,574.00
- Annual renewal fee: R1,930.50
- Filing cleansing fee per data entry: R0.12
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Conduct monthly database cleansing
You must check your contact database against the National Opt-Out Registry every month. You must then remove any consumers who have registered a pre-emptive block.
In other words, your marketing database must remain continuously updated to reflect consumers’ privacy choices.
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Do not contact blocked consumers
If a consumer has registered a pre-emptive block, you may not contact that person for direct marketing.
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Honour direct opt-out requests immediately
This requirement is separate from the registry but remains equally important.
Even if a consumer has not registered on the Opt-Out Registry, they may tell you during a call, or shortly afterwards, not to contact them again. They may also request that you remove their details from your marketing database.
Under the CPA, you must record that request, remove the consumer from your database, and stop all future marketing communications.
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Ensure you are clearly identifiable
All communications, including phone calls, emails and SMS messages, must clearly identify your agency. They must also include accurate contact details.
Consumer rights and responsibilities
Consumers carry a much lighter compliance burden. However, they still play an important role.
Consumers have the right to register a pre-emptive block on the Opt-Out Registry. They may also instruct any marketer to stop contacting them, even if they have not registered on the Registry. These requests are free of charge.
Consumers who wish to use the Registry must complete the prescribed registration process using Annexure O. They must provide accurate information and keep their details updated. This helps the system operate effectively across all registered marketers.
An important clarification is necessary. Many people believe consumers must register on the Registry before receiving protection. That is incorrect. Even if a consumer is not registered, they may still instruct you directly to stop contacting them. As a direct marketer, you must comply with that instruction.
Practical compliance for property practitioners
For agencies across South Africa, these changes introduce a structured compliance framework rather than a ban on cold-calling.
A practical and compliant approach includes the following:
- Register annually as a direct marketer on the Registry.
- Keep your registration details up to date.
- Conduct a monthly check against the Registry.
- Implement internal processes to record opt-out requests and immediately remove those contacts.
- Ensure every communication clearly identifies your business.
In conclusion
The regulations shift direct marketing away from informal practices and towards regulated, accountable engagement.
For property practitioners, the message is straightforward. You may still cold-call. However, you must register as a direct marketer, cleanse your database every month and respect both Registry blocks and direct opt-out requests.
Ultimately, the CPA Amendments do not hinder your business. Instead, they strengthen it by aligning your marketing practices with consumer rights and helping build long-term trust.
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| Clare Laurent | Director | SBL Law | mail me | | Rowan Terry | Legal Counsel | TPN Credit Bureau | mail me | |
