Opt Out from Direct Marketing Doesn’t Work. Ban Telemarketing

How should telemarketing be regulated? Should telemarketing be banned?
Should telemarketers be allowed to cold call strangers or should people have had to opt in to receive calls.

During the public consultation preceding the passing of the Electronic Communications Act direct marketers argued that industry self regulation would work. They said that they would establish an opt out system, that is a system in which consumers could self register. Members of the self regulating industry would not make unsolicited communication to those consumers. At the time scepticism was expressed, because it would always be possible for some in the industry to refuse abide by the industry association’s rules. That, it turns out, is not always the problem.

But there is a problem.

Conducting research on direct marketing in South Africa is relatively easy, I simply had to wait, and not long, I, in common with many South Africans, have been receiving many calls which I neither requested nor want. I made use of the the opt out register of the Direct Marketing Association in South Africa.
The DMA has an online form
which a consumer must fill in. On completion the consumer is sent an email, which contains a confirmation link, the consumer connects the link to confirm the email address, and the transaction.

The disclosure of private information demanded by the form is rather daunting; full name, identity number, physical and postal addresses, work, home, cell and fax phone numbers, multiple email addresses. What will be done with this private data? What safeguards are in place to protect this data?

On the other hand one might want the end result, freedom from constant disruptive calls from people who have been trained to override one’s objections that one does not need a particular product. If one decides to disclose this information then one does one get in exchange?

I filled in the online firm, received the confirmation link, selected it, and assumed that from then on I would not get calls from members of the DMASA. I even shared my knowledge by posting a link the Opt Out Register on my Facebook status.

At about 12h16 on Thursday 16 October 2008 I received a call from one ‘Ramona’ who identified herself as acting on behalf of SOS Assist and the Unlimited Group. When it became apparent that this was an unsolicited sales call I enquired from Ramona whether SOS Assist/Unlimited are members of the Direct Marketing Association of South Africa. She claimed that SOS Assist/Unlimited Group are indeed members. I then advised her that I have subscribed to the Opt Out Register of the Association and requested that I speak to her supervisor. I wanted to enquire why the Opt Out Register is ineffective. Ramona promptly cut me off.

I wandered why SOS Assist would bother to be members of DMASA and then not comply with their rules, so I ran a little search on the World Wide Web for SOS Access, and came across http://www.theunlimitedworld.co.za.

I noticed that there is no Promotion of Access to Information Manual on the site, well at least not that I could find….which amounts to the same thing, the point of the Promotion of Access to Information Act is afterall that people can access information. I decided to give them a call, and phone the telephone number on the website. When I spoke to the receptionist I asked to be put through to the legal advisor, since I thought that I should mention the lack of a PAIA manual to him or her. However the receptionist demanded to know what I wanted to speak to the legal advisor about, and when I tried to explain did not put me through.

Back on the website I did eventually find out that Z Buchan is the CEO of the Unlimited Group, and the fax number, and so I addressed a fax to Mr or Ms Buchan. I also sent a telefax to the complaints department of the Direct Marketing Association of South Africa asking for an investigation of why their members insist on phoning people who have opted out. A few hours later I received a very prompt, polite and efficient call from Jacky at the DMASA, who enquired what my identity number was so that she could check whether I appeared on the Opt Out Register. Shortly thereafter I received an email from Jacky claiming that I do not appear on the register. I sent back just as prompt an email to her explaining the circumstances of my filling in the form etc, and for good measure I also sent a copy of the email from their system with the link which I had to select to confirm. I haven’t received a reply.

One of the arguments used to defend opt out from direct marketing is that telecommunication can the effort to opt out from direct marketing trivial for a consumer.
But consider my experience, I am one of the tiny minority of South Africans who have Internet access. I found out about the Opt Out Register, I took the time to go through the tedious flash page of the Direct Marketing Association’s first webpage (an experience I spared readers by deep linking) then through the home page, then on to the page discussing the opt out register, and finally on to the register itself. I then disclosed private information on the understanding that this would stop the flood of calls.

Despite this I continue to receive calls I neither want nor need. Two faxes, two phone calls, and three emails later. It has taken far more time and energy simply filling in an online form. And it has not worked.