• The Internet Service Providers Association is calling on ICASA to crack down spam callers.
• It says spam callers are now using new techniques to trick people into answering cold calls.
• Despite new regulations, spam calls are still increasing.

The South African Internet Service Providers Association (ISPA), the industry’s representative body, is again calling for South Africa’s communication regulator ICASA to “take firm action” against spam callers, specifically those who are attempting new tricks to get people to answer cold calls.

This includes the unlawful use of mobile numbers by these call centres operating from fixed premises that make it look like legitimate calls are being made. Something that ISPA says is “in clear contravention of the Numbering Plan Regulations 2016 and also constitutes unfair competition.”

“With spammers realising that voice calls from mobile numbers are more likely to be answered, ISPA is advocating for the legitimate use of assigned geographic numbers by call centres,” the body adds.

ICASA’s own regulation on the use of mobile numbers prohibit the use of mobile numbers from fixed locations.

“Firm action must be taken to prevent the unlawful use of mobile number ranges, particularly of the older 082, 083, 072 and 073 number ranges that appear more credible,” says Dominic Cull, ISPA regulatory advisor.

“As cold calls from certain number ranges go unanswered, the unlawful use of mobile numbers by call centres seeking higher levels of engagement skyrockets,” they add.

ISPA says that some call centres appear to have been assigned mobile numbers by mobile network operators, while others are spoofing or making up mobile numbers. Any attempts to return calls to these spoofed numbers cannot be completed.

Meanwhile, other outbound call centres are exploiting prepaid mobile SIMs with unlimited calling bundles. Once a SIM is flagged for exceeding fair usage, it is quickly replaced by the call centre. They then rinse and repeat.

‘ISPA is aware of the work undertaken by the Information Regulator to reduce spam and the initiative from the National Consumer Commission to create an effective opt-out database, but it is ICASA’s role to enforce its regulations on the lawful use of numbers. In addition, enforcement must align with POPIA,” it says.

Last month, the Information Regulator introduced new regulations for how companies market products and obtain user information for such marketing. One new major change is around “opt-out” where now companies cannot assume a person has agreed to be contacted just because they haven’t said no.

“In the absence of the data subject exercising the right to opt out, it does not imply that the data subject has consented. Consent in this context requires a positive action,” the regulator points out.

Direct marketing, like cold calls, is now only allowed if an organisation has express consent to do so from a customer in the context of a sale and promotes similar products or services.

As for ISPA, it says it has written to ICASA with regards to “unlawful mobile CLI (Caller Line Identity) presentation” since 2022 and has been providing evidence of this practice to the communications regulator.

But, despite these attempts, ISPA members are reporting increasing volumes of spam calls from mobile numbers and not fixed-line numbers.

“ICASA must act now to stamp out the abuse of mobile numbers and to end the high levels of voice call spam being endured by South Africans,” Cull concludes.

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