Reasonably practicable compliance with POPI is not enough

When considering how much you should do to comply with legislation like the Protection of Personal Information Act, you have three choices: Do as little as possible and see what you can get away with; Calculate the degree of “reasonably practicable” compliance required and stick with that; Adopt a more holistic approach to compliance. OfContinue reading “Reasonably practicable compliance with POPI is not enough”

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”

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”

Zappon, coupons and the Consumer Protection Act

Zappon, a South African coupon site and competitor to the likes of Groupon and Wicount, launched this week to some excitement on Twitter. Coupons are pretty hot commodities these days and coupon site valuations have soared with Groupon famously being valued recently at $6 billion. The phenomenon is global and it is increasingly competitive. Zappon,Continue reading “Zappon, coupons and the Consumer Protection Act”

Plain language complexities in contracts

As you probably know by now, the Consumer Protection Act mandates contracts written in plain language. That means al that legal jargon few people understand should be removed and replaced with more straightforward language that the average person can understand, not just multi-lingual lawyers with a strong grasp of conversational Latin, Old English and Dutch.Continue reading “Plain language complexities in contracts”

Free online services may be exempt from the Consumer Protection Act

Consumer Protection Act compliance is not a simple or cheap exercise and one question which may have arisen for some online services is whether they must go through the exercise and incur the cost of ensuring compliance for free online services. While some “free” services are not really free (many “free” services are provided inContinue reading “Free online services may be exempt from the Consumer Protection Act”