Holding Redlich’s Post

Direct marketers, watch out! The Information Regulator (Regulator) has cracked the whip on direct marketers by issuing its first enforcement notice relating to a direct marketing compliant. This comes at a time when almost everyone, on any given day, is bombarded with countless direct marketing messages. Typically, any requests from data subjects (a person to who the information relates) to opt out of any messaging / call list seem to always fall on deaf ears. The watchdog has spoken very strongly against direct marketers and said the following -   "Our leniency regarding direct marketing through unsolicited electronic communications is going to be a thing of the past because responsible parties . . . ignore the provisions of section 69 of POPIA and infringe on the rights of data subjects.”   This is a welcome step in the right direction! The Regulator has ordered the direct marketer, among other things, to immediately stop sending unsolicited direct marketing messages by means of any electronic communication, including telephone, fax, SMS, email or automated calling machine, to any data subject who has not consented, including the complainant. The direct marketer is required to adhere to the Regulator's instructions and demonstrate such to the Regulator within 90 days of receipt of the notice and should the company fail to comply with the notice within the stipulated timeframe, it will be guilty of an offence, facing an administrative fine not exceeding R10 million, or be liable upon conviction to imprisonment, or both. #enforcement notice #information regulator

In recent years, many states have passed laws regulating the use of telephone and text message marketing, with Maryland being among the latest states to pass such legislation. To learn more about Maryland’s new telemarketing law and its intersection with federal telemarketing legislation, read Terese L. Arenth’s recent IP Alert “Maryland’s New Telemarketing Law Now in Effect: What You Need to Know” here: https://lnkd.in/eDc9fN_J #telemarketing #tcpa #marketing #legislation

⚖️FCC's new rules on revoking prior express consent (PEC) for marketing calls & texts, and shorter DNC request periods under TCPA.⚖️ #FCC #telemarketing #marketing #business #businessnews #legalnews #law #lawyers #DNC #tcpa #priorexpressconsent #pec

Are you ready to boost campaign success? Consider the untapped potential of integrating direct mail marketing seamlessly with digital marketing strategies. This exclusive webinar with industry authorities Akeel Jabber and Bruce McMeekin will explore the dynamic duo of direct mail marketing and digital marketing, and teach you how to get started with blending these approaches into an effective and impactful marketing strategy! 🗓 October 24th, 2023 🕤 9:30am PDT, 12:30pm EDT, 5:30pm BST Sponsored by: #Postalytics #DirectMail #DirectResponse #MailWorks #DirectResponseMarketing #Postalytics #directmailcampaigns #marketingautomation #ecommercemarketing #directmailautomation

How to Blend Direct Mail Marketing with Your Digital Strategy Are you ready to boost campaign success? Consider the untapped potential of integrating direct mail marketing seamlessly with digital marketing strategies. #directmailmarketing #digitalstrategy #marketingcampaign #digitalmarketingstrategy

📢You can’t market to me without my consent ✅The JDPA regulates direct marketing practices. ✅Organizations to obtain consent or provide an opt-out mechanism for individuals receiving marketing communications. #DataPrivacy #DataProtection #JamaicaDataProtectionAct #DataSecurity #PrivacyMatters #DataAccountability #Jamaica 

The South African Information Regulator has issued its first enforcement notice on direct marketing following a complaint. The company in question must immediately cease sending direct marketing messages to complainants and obtain consent using specified forms. Failure to comply within 90 days could result in severe penalties, including imprisonment and fines. This move reflects a zero-tolerance stance on non-compliance with POPIA regulations. Organizations must review their direct marketing policies to ensure compliance. While this enforcement may not eliminate spam calls entirely, it empowers consumers to hold direct marketers accountable. Stay compliant and avoid penalties by reviewing your direct marketing policies. #sfpropertyagent #dynamicauctioneers #popia Source: https://lnkd.in/divkXP_K

😵💫 The Information Regulator SA is back and this time they issued a direct marketing enforcement notice against FT Rams Consulting (FT Ram Consulting enforcement notice) for non-compliance with section 69 of POPIA. This follows a complaint from a data subject who received unsolicited emails from FT Rams Consulting despite opting out 🤐 Read more about what can you learn from this enforcement notice and what actions you and your organisation can take. https://lnkd.in/dUPQaE3t #EnforcementNotice #POPIA #MarketingLaw #Michalsons

“Section 69 (1) of POPIA sets out that companies are prohibited from directly marketing to customers via any form of electronic communication without first obtaining their consent. Section 69 (2) states that marketers can only request consent from a data subject once. “This means that the first message which FT Rams Consulting was supposed to send to the data subject was one in which it requested the data subject’s consent,” the Information Regulator said. “POPIA defines consent as voluntary, specific, and informed expression of will in terms of which permission is given for the processing of personal information.” #Spam #Unsolicited #POPIA #InformationRegulator #Permission #InformedConsent #SouthAfrica

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