Blocked Means Blocked: Why Consent Cannot Override A Registered Block Under The NCC’s Draft Guidelines

On 2 October 2026, the Acting Commissioner of the National Consumer Commission (“NCC”), Mr Hardin Ratshisusu, published the draft Guidelines for Compliance with Opt-Out Registry Regulations (“Guidelines”) for public comment in Government Gazette No. 55465 (Notice No. 7981). The Guidelines are published in terms of section 96(b)(i) of the Consumer Protection Act 68 of 2008 (“CPA”) and are intended to provide practical guidance on compliance with the CPA and the Consumer Protection Act Amendment Regulations, 2026 (“Amendment Regulations”), gazetted on 15 April 2026, which govern the National Opt-Out Registry (“Registry”).

Of practical importance to direct marketers is paragraph 12 of the Guidelines, which addresses the interplay between consumer consent and pre-emptive blocks registered on the Registry. Paragraph 12.2, read on its own, may be understood as invalidating all historical consent to direct marketing. It is submitted that this is not the correct interpretation when