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DIRECT MARKETING ASSOCIATION OF SOUTH AFRICA A JOURNEY THROUGH THE REGULATORY FRAMEWORK

DIRECT MARKETING ASSOCIATION OF SOUTH AFRICA A JOURNEY THROUGH THE REGULATORY FRAMEWORK. What is direct marketing?.

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DIRECT MARKETING ASSOCIATION OF SOUTH AFRICA A JOURNEY THROUGH THE REGULATORY FRAMEWORK

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  1. DIRECT MARKETING ASSOCIATION OF SOUTH AFRICA A JOURNEY THROUGH THE REGULATORY FRAMEWORK

  2. What is direct marketing? “Direct marketing is the interactive use of marketing media to stimulate an immediate behavior modification in such a way that the behavior can be tracked, analyzed, and stored on a database for future retrieval and use”. Bob Stone

  3. What is direct marketing? Capitalizing on the use of data and media channels to enhance the end user experience and maximize ROI Direct Marketing Association 3

  4. A recession is a terrible thing to waste!

  5. Disclaimer • The views expressed on this presentation are my own and do not necessarily represent the views of the association • The presentation should serve as a guideline and not legal advise. • If this was legal advice I would have sent you invoices by now!

  6. Consumer Protection Act I lied!

  7. Our journey today • Brief history of the DMA • Laws that affect Direct Marketing • The Constitution and Bill of Rights Act 108 of 1996 • The Promotion of Access to Information Act no 2 of 2000 • The Promotion of Administrative Justice Act no 3 of 2000 • Electronic Communications and Transactions Act no 25 of 2002 • Electoral Act of 1998 • Identification Act of 1997 • Unfair Discrimination and Promotion of Equality Act of 2000 • Unfair Businesses Act of 1988 • The Lotteries Act no 57 of 1997 • National Credit Act no 34 of 2005 • Consumer Protection Act • Protection of Personal Information Bill

  8. Brief History of the DMA • Re-Founded in November 2005 • The DMA currently has 291 members and 10 founder members • Members range from agencies to large corporate companies and service providers • Our 10 founder members are AVIS, HOME CHOICE, ABSA, FNB , NEDBANK, MTN, SAPO, PLATINUM e-PRODUCTS, COMPUTER FACILITIES AND RCS GROUP • The DMA currently holds self regulatory status from the DTI

  9. More media = greater sophistication- more laws to deal with Print TV Unaddressed Radio mail E-mail E-Commerce E-mail Mobile Specialized print Telephone Word of mouth Sponsorship Sales promotion

  10. DM-Driven Demand Adds 8.3% to US GDP $1.2 trillion US GDP =14.1 trillion

  11. DM Spend in 2007/2008

  12. DM Spend in 2009-ESTIMATE

  13. ‘DON’T COUNT THE PEOPLE YOU REACH, REACH THE PEOPLE WHO COUNT’ • - Reimer Thedens

  14. Never before has one industry been hit by so many Laws!!- lets start our journey through the law jungle!

  15. Consumer Protection Act 68of 2008

  16. SECTION 11 RIGHT TO STOP UNWANTED MARKETING MESSAGES- we don’t call it junk mail.

  17. SECTION 12 TIME TO CONTACT THE CONSUMERS

  18. SECTION 14 EXPIRY AND RENEWAL OF FIXED TERM AGREEMENTS

  19. SECTION 16 COOLING OFF PERIOD – 5 WORKING DAYS

  20. SECTION 22 PLAIN AND UNDERSTANDABLE LANGUAGE

  21. SECTION 23 DISCLOSURE OF PRICE AND SERVICES

  22. SECTION 27 DISCLOSURE OF INTERMEDIARIES

  23. SECTION 29 GENERAL STANDARDS OF MARKETING

  24. Honest? Win a Nissan 1400

  25. SECTION 30 BAIT MARKETING- GOODS ADVERTISED MUST BE AVAILABLE

  26. SECTION 31 NEGATIVE OPTION MARKETING

  27. SECTION 32 DELIVERING GOODS WITHOUT PAYMENT

  28. SECTION 33 CATALOGUE MARKETING

  29. SECTION 34 TRADE COUPONS AND PROMOTIONS VOUCHERS

  30. SECTION 35 LOYALTY PROGRAMMES- INTENTION TO HONOUR PROMOTIONS

  31. SECTION 36 PROMOTIONAL COMPETITIONS

  32. SECTION 38 REFERRAL SELLING/MARKETING

  33. SECTION 40 Unconscionable conduct

  34. SECTION 54 CONSUMERS RIGHT TO DEMAND QUALITY PRODUCTS AND SERVICE

  35. SECTION 56 GUARANTEES AND WARRANTEES

  36. SECTION 61 LIABILITY FOR DAMAGE TO GOODS

  37. The Importance of DM in our Market • Each individual employed in DM Advertising creates increased demand for more than five other employees in production…*

  38. Siyabongabrian@dmasa.orgwww.DMA121Club.comwww.dmasa.org0861 DMA DMA

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