Violation of ICASA, POPIA, CPA and ECTA - Ongoing elicit marketing calls to a BUSINESS PHONE NUMBER

We cancelled the contract with MTN (FINALLY) after a lot of hassle and mission. Every 3 years we make the mistake by upgrading. I am in the service industry, and MTN have no idea what customer service or professionalism or respect is.

We requested numerous times that they cancel the contract since we do NOT want to upgrade. This took be sent to the store, only to be told we must phone. To then phone, then sent back to the store. This happened 4 detours back and forth. The staff is incapable of resolving a customer request.

It is also a violation of ICASA rules and standards.

MTN understands very well that we are not interested in staying with them, yet they have the audacity to still keep the number on their marketing and upgrades list.

This number, has now been allocated to a PRIVATE BUSINESS CONTACT NUMBER. The calls coming in is a disruption for the business and can lead to financial loss. Calls from *** coming in Wednesday 26 November 17:47 Monday 8 December 10:53 and 15:38 Tuesday 9 December 11:47 and 16:40 Wednesday 10 December 14:28 Thursday 11 December 08:36 and 14:34 and 16:41 and again 16:41 Friday 12 December 10:14 and 13:11 and 14:52 and 16:44 Monday 15 December 14:05 and 17:07 Wednesday 17 December 13:57 and 17:02 Thursday 18 December 12:08 where I answered and instructed the lady to remove the number as it is a business number and she said she will and hung up while I was still busy talking.

MTN you must understand that this is now a PRIVATE BUSINESS NUMBER. I DO NOT UNDER ANY CIRCUMSTANCES GIVE YOU ANY CONSENT TO CALL ME FOR ANY PURPOSES WHATSOEVER. YOUR CALLS IS A DISRUPTION TO MY BUSINESS OPERATIONS AND IT IS AFFECTING MY BUSINESS OPERATIONS. My rights under Company Property and Personal Protection Act is reserved.

This is a final instruction to remove this number from your database. I repeat, I DO NOT give you the right to conduct any calls from MTN or its third parties to my business number. *** is STRICTLY FOR MY BUSINESS OPERATIONS and no longer a private person number. The number is allocated to AVZE (Pty) Ltd.

MTN is in violation of: POPIA – Protection of Personal Information Act (Act 4 of 2013) Section 11 – Lawful processing requires consent or another legal basis Section 69 – Direct marketing by means of electronic communications Section 72 – Right to object to processing of personal information CPA – Consumer Protection Act (Act 68 of 2008) Section 11 – Right to restrict unwanted direct marketing Section 14 – Right to cancel a fixed-term agreement Section 54 – Right to timely performance and quality service ICASA Regulations (End-User and Subscriber Service Charter Regulations) ECTA – Electronic Communications and Transactions Act (Act 25 of 2002)

Violation will lead to the business taking legal action.