Lead Acquisition & Marketing

Applicable Legislation

Act	Section	What It Governs
CPA	§29–33	False/misleading/misrepresentative advertising — banned
CPA	§34	Catalogue / distance marketing — provides cooling-off rights
CPA	§40	Unconscionable conduct — cannot exploit consumers' circumstances
CPA	§41	Negative option marketing — banned (cannot charge unless client agrees)
Code of Conduct (PPA Schedule)	§3	Advertising must be factual, accurate, and not misleading
POPIA	§11, §69	Must have a lawful basis for processing lead contact data; direct marketing by electronic means requires opt-in consent (or existing customer opt-out)
POPIA	§14	Data collected must be adequate, relevant, and not excessive

✅ Compliance Checklist

• Property listing advertisements include the practitioner's full name and registered PPRA number
• Advertising is factual — no exaggerated claims about property features, prices, or market performance
• Comparative claims against other properties/agencies are verifiable (not denigrating)
• "No transfer duty" / "Zero commission" marketing is truthful and not hiding fees
• Electronic marketing (email, SMS, WhatsApp) to a new lead who is not an existing client has been sent only after obtaining express opt-in consent
• Existing clients receiving marketing have been given a clear, free opt-out mechanism in every message
• Do-not-contact requests are honoured within 5 business days (POPIA §69)
• No negative option marketing — a lead cannot be charged unless they explicitly agree
• Prices quoted include VAT and all fees unless clearly stated otherwise
• Properties marketed as "sold" or "under offer" are actually in that status
• Social media advertising complies with CPA — testimonials are genuine and not fabricated

❌ Prohibited Actions

• ✗ Bait marketing — advertising a property at a price you cannot deliver
• ✗ Misleading statements about property defects, zoning, or legal status
• ✗ Cold-calling or mass-emailing leads without consent (POPIA direct marketing restrictions)
• ✗ Denigrating another agency or agent with unsubstantiated claims
• ✗ Any advertising that implies PPRA endorsement of the practitioner (Code of Conduct §3)

⚠️ Warning Flags

• WhatsApp broadcasts to a bulk list without consent = POPIA violation. Each recipient must have opted in individually.
• Facebook Marketplace / Instagram leads: Storing their data without a privacy notice displayed before collection breaches POPIA §18.
• "Just following up on your enquiry" calls to a prospect who viewed a listing 6 months ago may no longer have a lawful basis — consent expires.
• Portal listings (Property24, Private Property) — the portal is the processor; you remain the responsible party for what you post.