Can Recruiters Still Cold Call?

What the New Direct Marketing Rules Mean for Business Development
Written by: Danielle Statham

Can recruiters still cold call?

Yes, but not as an unrestricted business‑development activity.

Whether a call is permitted now depends on who is being contacted, why, where the number came from and whether the call is direct marketing.

  1. CPA: What Changed?

The CPA Amendment Regulations (effective 15 April 2026) strengthened direct‑marketing controls and created the NCC Opt‑Out Registry. Direct marketers must:

  • Register with the NCC
  • Cleanse prospect databases monthly against the Registry
  • Respect pre‑emptive blocks
  • Keep registration details updated
  • Identify themselves as required

Recruiters may not assume that previously obtained numbers can still be used for marketing. If a person has placed a block, the agency must stop marketing to them, even if they were already on the database.

  1. POPIA: Additional Requirements

POPIA’s section 69 regulates unsolicited electronic communication, and the Information Regulator treats telephone calls as electronic communication.

For new prospects, POPIA allows one approach to request consent, provided the number was lawfully obtained. This is not a licence for a full sales pitch. The “existing customer” exception is narrow: the details must come from a prior sale, and marketing must relate to similar services. Simply having someone’s number does not create a right to market to them.

  1. B2B Cold Calling

B2B contact is not automatically exempt. POPIA applies to personal information of natural and juristic persons, and CPA applicability depends on the consumer type and statutory thresholds. Recruiters cannot assume that “it’s a business number, so the rules don’t apply.”

  1. Contacting Candidates

Calling a candidate about a genuine job opportunity is not direct marketing, but POPIA still applies. Agencies must be able to justify:

  • where the information came from
  • why it is being processed
  • why the candidate is being contacted
  • whether the use matches the original purpose

Using candidate databases for unrelated promotional messages is direct marketing.

  1. What Agencies Should Do Before Calling

Cold calling should form part of a structured POPIA/CPA compliance process:

  • Identify who you are calling and why
  • Record the source of the number
  • Determine whether the call is direct marketing
  • Check POPIA consent requirements
  • Cleanse databases against the NCC Opt‑Out Registry
  • Check internal opt‑outs
  • Properly identify the agency
  • Control third‑party marketers
  • Keep an audit trail

Simple Rule for Consultants

Before making an unsolicited call, be able to answer: Who am I calling? Why? Where did the number come from? Have I checked POPIA and NCC requirements? What happens if they opt out?

Key Takeaway

Cold calling is not illegal, but the era of unrestricted prospect lists is over. Business development can continue, provided agencies follow disciplined data‑governance and direct‑marketing compliance processes.

APSO will host an APSOConnect session in early November to unpack this in more detail. 

APSO Legal Note: This article provides general information and is not a substitute for legal advice on a member’s specific direct-marketing practices. The NCC’s Opt-Out Registry Guidelines referred to in this article were published in draft form at the time of writing and should be checked against the final version and any subsequent regulatory guidance.

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