ASK MABS: When Car Dealerships Ignore Popia Boundaries

Hello Mabs

In early August, I was going through a challenging time and decided to trade in my 4-year-old car on a whim. I had been considering a newly launched model from an upmarket German brand, and the dealership near my home had some offers.

I made it clear to the sales rep that I would arrange my own financing, but he said the deal he offered would only be valid for 24 hours. I didn’t believe him, as I’ve been through this process before. He later excitedly informed me he had secured financing for me without my approval, which irritated me. Despite insisting I needed a couple of days to arrange my own finance, he pressured me to decide by noon. Frustrated, I told him to cancel the deal.

Since then, I’ve received numerous calls and messages from different dealership representatives, putting me under immense pressure, which has completely put me off the brand. Despite telling them I’m no longer interested, they’ve continued to contact me for nearly two months. How can I get them to stop contacting me and what does the Popia act say about this harassment?


Mabs Answers

Dealerships across the country are facing significant challenges, with new vehicle sales down due to the state of the economy and the financial pressures on consumers. As a result, some salespeople may resort to overzealous tactics in their desperation to make a sale. However, this does not justify ignoring your explicit requests and continuing to contact you. This behavior is completely unacceptable.

The Protection of Personal Information Act (POPIA) is designed to safeguard personal information and ensure privacy, making it unlawful for anyone to process your data or contact you without your consent, especially after you have requested not to be contacted for marketing purposes.

Despite this protection, the enforcement of the act appears questionable, given the number of unsolicited calls we continue to receive daily from call centers. It often feels like there are no real consequences for such violations, leaving consumers feeling unprotected. Unfortunately, in South Africa, while we have excellent legislation, there is frequently a lack of capacity when it comes to implementation.

I would recommend reporting this dealership to the manufacturer’s head office, making them aware of how their brand is being misrepresented, so they can take appropriate action.

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