Currently, the Electronic Communications and Transactions Act,
2002 (the ECTA) and the Consumer Protection Act
(the CPA) regulate the sending of unsolicited
commercial communications (emails, texts and the like). An
unsolicited communication can be sent, unless the recipient has
requested the marketer to refrain from sending such communications
(opted out). The ECTA specifically provides consumers with the
option to cancel mailing list subscriptions. Consumers can also
request the identifying particulars of the source from which that
person obtained the consumer's personal information. Under the
ECTA it is also an offence to keep on sending unsolicited
communications after the recipient has opted out.
