Introduction

At our firm, we often get calls from frustrated clients who are bombarded with unsolicited marketing phone calls. Many simply hang up, assuming there’s nothing they can do.

But here’s the truth: these unsolicited direct marketing calls are not just annoying—they’re likely unlawful.

The Protection of Personal Information Act (POPIA) was updated in April 2025 to give you much stronger rights over your personal information, especially when it comes to unwanted marketing calls. Here’s what you need to know.

You’re in Control—Consent Is Key

• Companies can’t legally call or message you to sell products or services unless you’ve clearly agreed to it first.
• This agreement (called “consent”) must be given by you directly, and you must understand what you’re agreeing to. If you didn’t say “yes,” they’re breaking the law by contacting you.
• Just because you didn’t say “no” doesn’t mean you said “yes.” You have to actively agree (opt in), not just fail to opt out.

How to Stop Unwanted Calls

If you get a marketing call you didn’t ask for, you have the right to:

• Ask who’s calling and where they got your number.
• Clearly tell them you don’t want to be contacted.
• Send a follow-up objection by email, SMS, WhatsApp, or other written means.
• Use your phone’s built-in call-blocking features or third-party apps to block repeated offenders. Note that marketers may use different numbers, so this is not a complete solution.

• Make sure your number is registered with the Direct Marketing Association of South Africa’s (DMASA) Do Not Contact (DNC) registry. This helps reduce calls from DMASA member companies, though it may take a few weeks to see results. Your opt-out registration is valid for three years, after which you must renew it.
• If calls continue despite your opt-out request and registration, you can lodge a complaint with the Information Regulator (the official body that enforces POPIA) or relevant consumer protection bodies.

• You can also ask companies to correct or delete your personal information, and you can do this for free via phone, email, SMS, WhatsApp, post, or even in person. If you call to exercise your rights, the company must record the call and give you a copy if you ask.
• Keep a record of your opt-out requests and any further calls received. This will help if you need to escalate your complaint to authorities.

New Rules for Marketers

• If you’re not already a customer, companies must get your clear permission before sending you any marketing messages.
• They have to make it easy and free for you to say yes or no.
• When asking for your consent, they must tell you exactly what they want to market and how they’ll contact you (phone, SMS, email, etc.).
• If they ask for your consent by phone or automated call, they must keep a recording and give it to you if you request it.

Complaints Are Easier—And You Can Stay Anonymous

• Anyone can file a complaint about unwanted marketing calls, not just the person who got the call.
• You can complain by email, post, courier, fax, or hand delivery.
• The Information Regulator can help you write your complaint or translate it if it’s not in English.
• In some cases, you can ask to keep your identity hidden.

Companies Must Keep Improving

• Every business must have someone in charge of data protection (an Information Officer).
• Companies must keep updating their processes to stay in line with the latest rules and protect your data.

The Bottom Line

The new POPIA rules put you in charge. If a company calls you out of the blue to sell something and you never agreed to it, they’re probably breaking the law. You have the right to:

• Not be contacted without your clear consent.
• Object to the use of your data at any time.
• Act if your rights are ignored.

For businesses, these changes mean it’s time to get serious about data protection and marketing consent—no more excuses.

In short: You don’t have to put up with unwanted marketing calls. The law is on your side, and you have real ways to make it stop.