Failure to Comply With the Opt Out Registry System Could Result in a R1 Million Fine (or More)

he National Consumer Commission (NCC) welcomes the amendment of Regulation 4 of Section 11 (3) of the Consumer Protection Act No. 68 of 2008 (CPA), as gazetted by the Minister of Trade, Industry and Competition, Mr Parks Tau, on 15 April 2026. The amended Regulations establish the Opt Out Registry system while providing mechanisms for consumers to opt out from unwanted direct marketing.

The amended Regulations recognise the NCC as the administrator of the Opt Out Registry system. For the effective administration of the system, all direct marketers must register to ensure compliance with the CPA and the Regulations. The Regulations also stipulate the registration, renewal and cleansing (deduping) fees, among other requirements.

Section 11(3) of the CPA, read with Regulation 4 and the amended Regulations, obligates direct marketers in South Africa to update their direct marketing lists to remove consumers who opt out, before marketing goods or services. Through the Opt Out Registry system, consumers will be able to block unwanted direct marketing communication from either an individual direct marketer or the entire industry.

Registration of direct marketers and consumers will commence in July 2026. Before the commencement of the registration, the NCC will communicate the registration process.

All direct marketers will be expected to register to ensure compliance with the CPA.

Failure by direct marketers to comply with the Regulations will be in violation of the CPA and may attract an administrative penalty of up to R1 Million or 10% of the direct marketers’ annual turnover (whichever is greater).

Welcoming the promulgation of the amended Regulations, the NCC’s Acting Commissioner, Mr Hardin Ratshisusu, said: “For too long, consumers have been exposed to intrusive and unwanted direct marketing communication. The Regulations provide for a robust mechanism to stem unwanted calls to ensure that consumers are protected.”