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Consumer Protection Act, 2008 (Act No. 68 of 2008)


Prohibited time for contacting consumers


(1) For purposes of section 12(2) of the Act, the following are days, dates, public holidays or times of days when a supplier may not engage in any direct marketing directed to a consumer at home:
(a) Sundays or public holidays contemplated in the Public Holidays Act, 1994 (Act No. 36 of 1994);
(b) Saturdays before 09h00 and after 13h00; and
(c) all other days between the hours of 20h00 and 08h00 the following day, except to the extent that the consumer has expressly or implicitly requested or agreed otherwise.


(2) Direct marketing may not be timed to be delivered to the consumer during the prohibited times referred to in item 1 above unless expressly, in writing, agreed to by the consumer.


(3) A direct marketer is not in breach of item 1 if it has sent out the direct marketing within the period provided for in item 1, even if the consumer received the direct marketing outside of the aforementioned period, but the onus to prove that the direct marketing was dispatched during the allowed period rests fully on the direct marketer.