Original Story Published by: Dean Workman for IT News Africa
On 20 February 2018, South Africa’s Wireless Application Service Providers Association (WASPA) warned mobile consumers about engaging in mobile-based communications with companies that are not members of the organisation. According to the association, this could result in unforeseen consequences for cellular consumers range from annoyance, at the very least, to financial loss.
According to WASPA, using contract or prepaid mobile devices to transact with a mobile content or applications provider that is not one of its over 400 local and overseas-based members is tantamount to engaging in unprotected mobile communications. This is because WASPA sets a very high consumer protection standard that is readily enforced.
The organisation believes that many of its members are overseas-based mobile firms who are attracted to the growing SA market and impressed by the watertight Code of Conduct which is comparable to similar documents in leading developed markets.
The self-regulating industry association that is recognised by all South African mobile network operators (MNOs) requires consumers to explicitly opt-in and opt-out of any mobile communication transmitted by its members. This is in line with South Africa’s Consumer Protection Act and the Electronic Communications and Transaction Act.
“Mobile consumers have very limited recourse in dealing with non-WASPA members based locally or abroad,” according to WASPA general manager, Ilonka Badenhorst.
If they are based locally, then approaching the Direct Marketing Association (if the transmitter of mobile content and applications is a DMA member) or the National Consumer Commission (in terms of the Consumer Protection Act) are two remedies available to consumers when dealing with non-WASPA content and applications firms.
Consumers could also approach their local mobile network operator for relief although this might not be practical where an overseas SMS gateway is being used to spam consumers who have no way of identifying the sender.
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