Rewritten WASPA Code better regulates mobile services in SA

The new WASPA Code of Conduct is a complete rewrite of the Wireless Applications Service Providers’ Association’s rules which regulate the mobile content and services industry in South Africa. One of the biggest changes to the Code is a consolidation of the old Advertising Rules and the Code of Conduct itself along with a dramaticallyContinue reading “Rewritten WASPA Code better regulates mobile services in SA”

Digital marketing law interview on @BallzRadio

Paul was interviewed about aspects of digital marketing law on Ballz Radio today. The interview was part of the business segment and Paul chatted to the team about some consumer protection issues, transparency, terms and conditions and privacy concerns. Fortunately, Ballz Radio publishes the audio and video of the interviews. You can listen to theContinue reading “Digital marketing law interview on @BallzRadio”

Advertising restrictions for the veterinary profession

The veterinary profession is an honourable profession based on standing and dignity. In section 4(1)(c) of the Para-Veterinary Professions Act 19 of 1982 (“The Vets’ Act”) it is stated that a veterinary professional (“a person practising a veterinary profession as a veterinarian or veterinary specialist”) has a moral obligation to serve the public to theContinue reading “Advertising restrictions for the veterinary profession”

Austrian law student’s crusade against Facebook highlights users’ responsibilities

Austrian law student, Max Schrems, has embarked on a crusade against Facebook aimed at exposing what he considers to be Facebook’s misuse of users’ personal information. Schrems has lodged 22 Reclamacións (I understand these to be a form of complaint) against Facebook with the Irish Data Protection Commissioner (Facebook’s legal presence outside the US isContinue reading “Austrian law student’s crusade against Facebook highlights users’ responsibilities”

Google+ Pages off to a good start for consumers

Google released Google+ Pages for brands publicly last night (South African time) to much excitement on the Web. Google+ has, until now, been reserved for humans posting as themselves and Google has been criticized for not allowing brands to create pages and for insisting that users use their real names and not pseudonyms (Google seemsContinue reading “Google+ Pages off to a good start for consumers”

Tension in the direct marketing industry over opt-in requirements

The Consumer Protection Act sparked quite a bit of interest in direct marketing and consumers’ rights to opt-out of receiving direct marketing communications. It has also highlighted a tension between direct marketers and consumer orientated initiatives to protect and enhance consumer rights. Some of these initiatives have been undertaken by two industry bodies, the InternetContinue reading “Tension in the direct marketing industry over opt-in requirements”

Consumer Protection Act Regulations are available

The Consumer Protection Act’s Regulations have been published. These Regulations give much of the Consumer Protection Act much needed substance. These regulations deal with a number of topics including: Record-keeping requirements; Promotional competitions; Rules pertaining to auctions; Contractual terms deemed not to be fair a reasonable. You can read the Regulations below or download aContinue reading “Consumer Protection Act Regulations are available”

Competition rules and the Consumer Protection Act

Update: This post was prepared on the basis of the draft Regulations. The final Regulations were issued on 1 April 2011 and differ from the draft Regulations in some important respects including the requirement to report on various issues which are highlighted in this post. I’ll work on an update to this post in lightContinue reading “Competition rules and the Consumer Protection Act”

Over-selling, bait marketing and coupon sales

Retailers must find coupon sales an exciting opportunity to boost their business but they should take care not to engage in practices the Consumer Protection Act prohibits in the process. Two such prohibited practices are over-selling/over-booking and bait marketing and they could land retailers in hot water. The temptation to over-promise is, perhaps, almost implicitContinue reading “Over-selling, bait marketing and coupon sales”

Website terms and conditions are surprisingly complex

Website terms and conditions are pretty tough to do properly. They are on just about every website you come across on the Web and are so prevalent that it is easy to take them for granted and also assume that they are all pretty much the same. Often how a website terms and conditions (I’llContinue reading “Website terms and conditions are surprisingly complex”