Worst spam callers in South Africa revealed

Insurance companies, debt collectors, mobile operators, and political parties are the most complained-about spam callers in South Africa.

This is according to South Africa’s Information Regulator and TrueCaller, who shared the information based on complaints and reports they have received.

“The Regulator has in the past financial year received complaints against insurance companies where complainants would have alleged that they have been spammed,” the Information Regulator told MyBroadband.

It added that while the complaints vary and often relate to other business types, complaints over spam calls from insurance companies are the most common.

“We so far issued an enforcement notice to one responsible party as a result of direct marketing POPIA contravention — FT Rams Consulting,” the Information Regulator stated.

TrueCaller said it could not share exact figures but listed the categories with the most spam and scam calls reported by South African users.

These are, in no particular order, insurance companies, finance firms, debt collectors, telecommunications companies, political parties, and those committing immigration fraud.

South Africa’s Information Regulator is cracking the whip against unsolicited direct marketing in South Africa, with FT Rams Consulting being its first victim.

In February 2024, the watchdog decided that telemarketing amounts to electronic communication and must be regulated under the Protection of Personal Information Act (POPIA).

The regulator will investigate companies found to be contravening the act and, if necessary, issue them with enforcement notices.

“Following receipt of a complaint on direct marketing, we would conduct an investigation, which may be followed by an enforcement notice,” it said.

However, it noted that it may also carry out a section 89 assessment on its own without a complaint or by request, which will be followed by an assessment report.

“The Assessment Report is equivalent to an enforcement notice,” it said.

The enforcement notice or assessment report will include instructions that the offending company must comply with within a specified time frame.

If they fail to do so, they could be fined up to R10 million or sentenced to jail time.

The Information Regulator issued an enforcement notice to FT Rams Consulting in late February 2024.

Following an investigation, the Information Regulator found that the training institution contravened several POPIA sections.

“The Regulator received a complaint from a data subject (a person about whom the personal information relates) following countless direct marketing messages received by them,” it said.

It added that the data subject had tried to opt out and requested to be removed from the company mailing list several times.

However, FT Rams Consulting ignored the pleas and persisted with its unsolicited direct marketing messages.

The watchdog also noted that the firm violated section 69 of POPIA concerning direct marketing via electronic communication.

The regulator instructed the firm to cease sending unsolicited direct marketing messages via any means of electric communication if a data subject has not consented.

Additionally, the first communication it sends to data subjects must request consent. It can only ask each data subject once for consent.

The regulator has ordered the company to provide evidence of its compliance with these orders to the Information Regulator, giving it 90 days to do so.

The watchdog said it had also identified 14 other potential offenders it was investigating.

In May 2024, the Information Regulator told MyBroadband that some of these matters are still under investigation and will only be publicly announced once it is concluded.

“The other enforcement notices (both on compliance with POPIA and PAIA) issued thus far in this year are TransUnion (POPIA), the Department of Forestry, Fisheries and Environment (PAIA), and FT Rams (POPIA),” it added.

“We are currently conducting continuous assessments and investigations and outcomes thereof will determine compliance by the public or private bodies.”