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Viewpoint: Regulating cold calls in SA

By Ebrahim Dinat
Johannesburg, 26 Nov 2015
Cold calls have been an issue for far too long now, with the industry receiving a lot of negative press because of it, says Ocular Technologies' Ebrahim Dinat.
Cold calls have been an issue for far too long now, with the industry receiving a lot of negative press because of it, says Ocular Technologies' Ebrahim Dinat.

For most people their mobile phone has become an extension of their business. It is the contact point between the person and existing or potential business, which is why the device is kept close at hand and also answered. It is also for this reason that a "cold call", or more aptly termed "nuisance call", drives people up the wall.

A quick poll reveals people's feelings about cold calls:

"NO!"

"Absolutely no point to them."

"I do not have time with a business to run to hear about something I might need." "If I need something, I will go look for it myself."

"They are invasive of my time."

"I can't imagine the abuse those agents get daily."

Cold calls create much wasted time for the mobile owner and cause great interruption and frustration during the business day (never mind cold calls during family time). Most of all, they give the entire contact centre industry and its agents a bad reputation.

Cold calls have been an issue for far too long now, with the industry receiving a lot of negative press because of it, states Dave Ogden, account executive at Ocular Technologies' partner company, Aspect.

"Although the majority of contact centres have strong ethical principles behind their work, there are a small number in the industry that are dragging the rest down and threatening the gains made thus far by the industry as it improves its relationship with the wider public."

It is however important to remember not to paint the whole industry with the same brush, he notes. "While negative press may draw people's attention, it's critical to understand where these calls are coming from and to highlight the advances taken by the majority of businesses."

In SA, residents can register on the Direct Marketing Association of Southern Africa's (DMA) "National OPT OUT Database", in order not to be contacted by DMA members. According to the nationaloptout.co.za site: "This helps you to make sure your address, e-mail address, telephone and cell number are no longer available to organisations, who are members of the DMA, who want to make offers and send information that you do not wish to receive. You can also do this by contacting companies directly and asking them not to contact you."

Unfortunately though, it seems that cold calls are still an escalating problem in the country, creating damage to consumer and ethical businesses in the country.

Consumers thus also need to be aware of the Protection of Personal Information (POPI) Act, which was signed into law two years ago and is now coming into full effect. The act is intended to shield consumers from unlawful direct marketing, thus prohibiting the use of personal information without prior consent.

A recent Times LIVE report stated that, "With the establishment of regulators and the provisions of the act coming into full effect, direct-marketing companies will be monitored and penalised if found to be contravening the law.

"Telemarketing expert and CEO of the Marketing Association of SA, Lovemore Mushayanyama, said companies that relied on telemarketing would be stifled by the new law and would incur costs in order to comply with it."

The impact of cold calling goes much deeper than a poor public image. Constant connectivity means consumers have come to expect more proactive customer care, due to the fact they are now so easily contactable - especially pronounced with the proliferation of mobile devices, explains Ogden.

This should be good news for both customers and contact centres, as if there are any issues that customers are having, the business can easily get hold of them to offers solutions quickly and easily.

However, if customers are being barraged by cold calls and junk e-mails that are of no relevance or use to them, they are not going to answer an unrecognised number or text message if they think it's just going to be another pointless conversation. Consumers rightly want to hear if their bank account is having problems or if they could save money though a new service but, if further alienated by nuisance calls, this just won't happen."

Cold callers are certainly tarnishing principled South African businesses and more needs to be done to protect these businesses and the mobile phone user. Nuisance callers from rogue agencies should not be let off lightly, and I would like to call on all South Africans who believe their information is being used in contravention of the POPI Act, infringing on their right to privacy, to submit a complaint to the information regulator.

Also, always read the small print - often information to be shared with third parties is given unknowingly. Together we can deal with these pesky perpetrators.

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