Ethical and responsible marketing is now more important than ever, and when it comes to direct marketing best practices, it’s in companies’ own best interests to toe the line. Direct marketers should not wait for the implementation (and subsequent fines) of the Protection of Personal Information (Popi) act to kick in to respect the consumer. Nevertheless, it is worthwhile to explore what Popi holds in store for companies undertaking any form of direct marketing, and to consider the importance of honouring consumers’ right to opt out of the marketing process. Electronic communication and outbound calling The most notable point to understand when it comes to electronic channels of communication (e-mail, SMS and automated voice messaging), is that companies will need explicit opt-in permission to contact the consumer. Here it is not about having the legal right to market to people, as the Electronic Communications Act now specifies, but rather involves being able to prove that they spe...

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