In this current digital age of instant interconnectivity, we are continually bombarded with messaging. This could be through ads, SMS & emails which should be used responsibly by businesses.
However, not every business looks to use ethical communication and the practice of spam has become one of the biggest avenues for frustration for consumers and sometimes even fraud. Unsolicited messages are commonly referred to “spam” and have become part of our daily lives through email, SMS and a new favourite, in spam calls.
South Africa is a spammers haven
South Africa has been named as one of the top five spam call-plagued countries in the world. The bulk of these spam calls come from telemarketing with 39%; financial institutions making up 24% and insurance-related calls account for 13%.
These companies often work within grey areas of the law which allow them to operate and in turn, the spam rates in South Africa have reached some shocking statistics.
What is calling spam?
Unsolicited calls are on the increase around the world, with Truecaller Insights 2018 report declaring that within large markets such as South Africa, Brazil, and India, the average Truecaller user receives more than 22 spam calls each month.
The study has revealed that the 5.3 million Truecaller South African app users receive a total of 21 spam calls monthly. Which puts South Africa at fourth on the list of most-spammed countries, with an astounding 71.4% increase in spam compared to 2017 findings.
Truecaller found that the most prominent pattern seen was that mobile operators across the world are the biggest spammers. Another significant trend that telemarketing calls from financial services, debt collectors and insurance related matters are known for spamming users globally.
How bad has calling spam become in South Africa
Truecaller has identified and blocked 297 million spam calls in South Africa to date and has identified 12.4% of all calls received in the market as spam. The 2017 study revealed that only 1% of calls were marked as scam-related. The report also indicates that in 2018 almost half (49%) of all top spam calls were scam related.
Common spam/scam calls include:
- Tech support fraud, where someone pretends to call from your bank or company informing you that your account has been hijacked and needs your help to take control of it
- The one ring scam, an unknown number (usually an international number) gives you a missed call, and when you call them back you get charged a hefty fee for calling back
- The job offer scam, someone pretending to be a head-hunter calling you to offer you a job. The catch is you need to pay a fee in order to qualify for the job.
- Telemarketing is still a persistent problem in South Africa, which accounts for 38% of all top spam calls in the country.
Who handles unsolicited messaging in South Africa?
Regulation of spam in South Africa was introduced by the Electronic Communications and Transactions Act, 2002 (ECTA) and further strengthened by the Consumer Protection Act, 2008 (CPA) and the recently promulgated Protection of Personal Information Act, 2013 (POPIA). Before going into the details on how to combat spam, it is important to understand these acts and how they help you.
What are the laws regarding spam calling in South Africa
The Electronic Communications and Transactions Act (ECTA)
Section 45 of the ECTA is quite specific about unsolicited messages – so much so, that it is deemed a criminal act. The ECTA provides that recipients of unsolicited communications are able to opt-out of future communications and may request information from the sender where their contact details were obtained.
Section 45 of the ECTA will eventually be repealed and replaced by section 69 of the POPIA (Protection of Personal Information Act – often referred to as “POPI”) once a commencement date has been proclaimed by the Presidency.
The Consumer Protection Act (CPA)
Section 11 of the CPA follows in the footsteps of the ECTA by providing that you may refuse to accept, request the discontinuation of (opt-out) or pre-emptively block direct marketing communications, and that any opt-out or pre-emptive block must be respected by marketers, have their receipt confirmed in writing and that the exercise of these right must be performed free of charge.
Section 69 of the POPI Act places significant limitations on the circumstances in which a party may engage in direct marketing by means of unsolicited communications by requiring individuals to have either consented to the use of their personal information (opt-in) or for there to be an existing relationship between the parties. An existing relationship between the parties is itself subject to additional limitations and does not result in freedom to make repeated advances.
Notwithstanding the above, you will always be entitled to opt-out of future communications for direct marketing. However, spammers disregard the opt-out option.
How to report spam
Fight the SMS spammers – Wireless Application Service Provider’s Association (WASPA)
To fight spam, it is best to follow these steps:
- If you don’t know the sender, then go to http://smscode.co.za/ and find the sender (it helps with the next step)
- To lodge a complaint with WASPA – https://waspa.org.za/lodgeacomplaint/ (you can check your status here)
- Ensure that in the WASPA complaint you state “Do not optout /disable/blacklist my number. My complaint needs to be taken up with the SMS provider’s customer”. Some SMS spammers share the same SMS provider, and if WASPA requests a DNC (do not contact), you might also be opted out from banking SMS, security alerts or other SMS notifications which are relevant.
- WASPA generally take about 5-7 working days to respond. They usually will contact the SMS provider and the SMS provider and in turn, will contact you.
- Also highlight that if the message is a marketing message, there needs to be an optout. Some businesses will argue that it is not marketing.
Fight the ISP – Internet Service Providers Association (ISPA)
ISPA should be the last resort of a complaint as it puts a significant burden on ISPA but is sometimes a necessity:
- If a company transmitting spam does not comply with your email-request, the next step is to report it to ISPA
- Big ISPs (such as MWeb, Afrihost, VOX) are ISPA members. If you receive spam from them and are not able to resolve the issue, report them to ISPA.
- If a non-ISP transmits spam, find out via CO.ZA who their hosting provider is. Also check the mail-headers to find the source of spam (sometimes it might be Mailchimp, Everlytics, Mimecast – all have excellent abuse reporting processes)
- If a non-ISP continues sending spam and you have identified the ISP (or the spammer is an ISP), verify that the sender or the hosting company is an ISPA member.
- Familiarise yourself with the ISPA complaints process – it’s essential!
Protect your rights via the Promotion of Access to Information Act (PAIA)
The Promotion of Access to Information Act, 2000 (or PAIA; Act No. 2 of 2000) is freedom of information-law in South Africa. It gives effect to the constitutional right of access to any information held by the State, and any information held by private bodies that are required for the exercise and protection of any rights.
The Act is enforced by the South African Human Rights Commission (SAHRC).
If this sounds too complex, in short: PAIA supports your Bill of Rights as laid out in the South African Constitution.
How does iTouch avoid spam and provide superior service
At iTouch, we're committed to messaging that adheres to international standards regarding reliability, speed and of course ethics. iTouch prides itself in being one of the major contributors to the Mobile Messaging fraud Framework. This framework was created to combat fraud and advocates for a safer and better messaging experience.
Let us Help You Reach Your Customers
If looking for communication solutions to reach your audience, why not contact us here, and we can devise the perfect communications strategy for your business! From Mobile Development to standard bulk messaging solutions, we provide and manage it all.
iTouch is one of the few messaging companies in Africa that abide by GDPR and POPI security standards. Let us worry about the legal and security protocols so you can focus on growing your business.
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