LEGAL TALK with Hahn & Hahn Attorneys: Know Your Rights - Stopping Spam Calls and SMSes

Welcome to this week's legal talk here on E-Radio with on and on attorneys and this week something different. How can consumers stop unwanted marketing? Now for years consumers had to ask each company individually to stop calling them. The amended Consumer Protection Act regulations have changed this by introducing a National Consumer Commission in CC opt out registry. So consumers can register a preemptive block requiring registered direct marketers to stop contacting them and the shifts or this shifts much of the burden from consumers to businesses. So we joined by Janus Littorick from Han and on attorneys to tell us more about this. Janus, welcome back. I want to ask you what are businesses legal responsibilities when direct marketing? Businesses in terms of the new regulations which are coming into effect right now. As we're speaking, businesses had to start registering with the opt out registry from the 1st of July and had until the 30th of September to register with the NCC. Then they have to regularly check what the NCC refers to as "clings" their marketing databases against the opt out registry. So what this means is every market they will have a database of all the names of people they want to call. Now what they have to do is once a month they need to take that list against the list that the National Consumer Commission will have of all the people that have opted out. And then they have to do this before making marketing calls, before sending SMS or emails. And if a business fails to comply with this, they can fail significant, they can fail significant administrative penalties under the Consumer Protection Act. And for businesses, there is a registration fee per year with the National Consumer Commission. And then they will be a monthly fee based on the number of listings that have been removed as a result of the opt out request by consumers on the opt out portal. So it's also going to cost direct marketers money in order to stay legitimate. All right. And does this replace papaya or the poppy act that we all heard so much about? Yeah. So it's a bit confusing because papaya or papaya still applies. The new rules don't replace it. This has to work together with the papaya requirements. Their minerals work alongside the protection of personal information act. And the companies still have to have a lawful basis for processing personal information for direct marketing. They have to respect consumers' objections and provide an easy way to opt out. And that falls under the information regulator. And all the requirements under papaya remain in force. And what rights must consumers know about, and how do they exercise their right to a news? Yeah. So, you know, we only hear about this, but listeners should remember, first of all, to opt out, they'll have to register on the National Consumer Commission's opt out registry after one October, 2026, I believe that registration is free. But you will have to include your email, your cell phone. If you have several cell phones, you must include each and every number, your ID number, your address, and the reason being that marketers will compare the information as to the information that will be in the opt out registry. If you have another cell phone number that you didn't register, that will still be entitled to send your marketing to that other cell phone number. So, that's the first thing. The second thing is you have to tell marketers directly if you don't want to receive any further calls. So, when you receive a call, you'll say, "I'm informing you, I do not want to receive any further calls, I have opted out on the opt out registry." Then, there also will be a lot to ask, where did the company obtain their personal information? Now, anyone that's tried this up to now gets given the run around, but now they will have to tell you where they got your information. You should keep records of unwanted marketing calls, because obviously, if you want your logic complaint with the NCC to say, "Look, I opted out, but people are still calling me." You left every record. Who called you? Wended the call you? What time did the call you? What was the call about? Because otherwise, how will your logic complaint? And then, you can report repeat offenders to the National Consumer Commission or the information regulator depending which one is appropriate. OK. And what is the goal behind this amendment? So, the goal is to protect privacy while still allowing responsible marketing. Because the real problem is, of course, we don't want to kill all marketing. I mean, marketing plays an important role. Irresponsible marketing doesn't play an important role. So, the law does not go out and ban all direct marketing. Instead, it aims to ensure that consumers are in control of who can contact them. And legitimate businesses can still market their products. But they must respect consumer choices and comply with the CPA and Papaya. And certainly, these reforms are intended to reduce spam calls, strengthen your privacy and promote responsible marketing practices. Very interesting. And now, we know Janus Littorick from On and On attorneys for this week's legal talk. Thank you so much for joining us. It's a great pleasure. Thank you for calling. Are you all your business in trouble and struggling to find a solution? We call Han and Han attorneys as we assist clients in finding solutions. We specialize in consumer and food law, commercial and construction law, forensic investigations and administrative law. Visit HanLaw.co.z. That's H-A-H-N. We assist clients nationwide, Han and Han attorneys because we care. Don't miss legal talk with Han and Han attorneys when's their morning's at 10 on eRadio.