Unsolicited SMS Advertising

I have just received an unsolicited advertising SMS from you lot. I have been registered on 2 national opt-out lists as provided by the National Consumer Protection Agency. I would like to know from whom did you receive/buy my information? I would advise you to be forth coming with this information as the above is an approach for the purpose of direct marketing which relies upon personal information which I did not provide to you, your message constitutes an unsolicited communication in terms of section 45 of the Electronic Communications and Transactions Act (Act 25 of 2002)(ECTA), as read with section 11 of the Consumer Protection Act (Act 68 of 2008)(CPA) or alternatively, as the case may be, Section 69 of the Protection of Personal Information Act (Act 4 of 2013)(POPIA)

According the Electronics Communications and Transactions act of South Africa, I am entitled to the following information, I quote:

GOVERNMENT GAZETTE, 2 AUGUST 2002 Act No. 25,2002 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002

Unsolicited goods, services or communications

45. (1) Any person who sends unsolicited commercial communications to consumers, must provide the consumer-

(a) with the option to cancel his or her subscription to the mailing list of that

(b) with the identifying particulars of the source from which that person obtained the consumer’s personal information, on request of the consumer.

(2) No agreement is concluded where a consumer has failed to respond to an unsolicited communication.

(3) Any person who fails to comply with or contravenes subsection (1 ) is guilty of an offense and liable, on conviction, to the penalties prescribed in section 89( 1).

(4) Any person who sends unsolicited commercial communications to a person who has advised the sender that such communications are unwelcome, is guilty of an offense and liable, on conviction, to the penalties prescribed in section 89(1)

89. Penalties

(1) A person convicted of an offense referred to in sections 37(3), 40(2), 58(2), 80(5), 82(2) or 86(1), (2) or (3) is liable to a fine or imprisonment for a period not exceeding 12 months.

I am accordingly instructing you to delete my details, to cease and desist in contacting me and to immediately cease and desist in the further decimation of my personal and private information, as I will proceed with legal steps against your company, targeting your CEO&Owner.

I bit you a good day.