Regulatory Opinion South Africa

CPA, using promoters to clarify brand attributes

Section 22 of the Consumer Protection Act, entitled 'Right to Information in Plain and Understandable Language', states that any "notice, document or visual representation is in plain language if it is reasonable to conclude that an ordinary consumer of the class of persons for whom the notice, document or visual representation is intended, with average literacy skills and minimal experience as a consumer of the relevant goods or services could be expected to understand the content, significance, and import of the document without undue effort." This dictum applies to content, design, structure as well as readability aspects such as sentence structure and wording.
Lauren Durant
Lauren Durant

All company to consumer communications (including promotional materials, advertising, packaging, signage, online information as well as competition rules) must be simply expressed. Marketing must be effective, clear, concise and easily understandable for the 'average' person.

Consumer complaints, cancellations and possible follow-up legal action could cripple a company's productivity and profitability. And while the consumer might be a bit confused, he/she will demand perceived rights while companies struggle to interpret and comply with the hyperbole; re-designing, re-creating, and re-shaping their marketing efforts and materials.

Using brand activators

The new requirements set out in the CPA regarding the use of plain language when communicating with customers may increase the demand for promoters who fill a much needed educational and explanatory role.

In ensuring that promotions and marketing communications are easily understood by the consumer; marketers must take note of the role that competent and well-trained brand activators can play in this regard.

Promotions and activations companies can create consumer awareness campaigns and access the myriad of marketing applications to conform to the Plain Language reference as it pertains to the CPA. In addition, they can provide quality one-on-one interactions between the brand and the 'ordinary consumer with average literacy skills and minimal experience as a consumer of the relevant goods or services' - this will resonate and immediately and effectively relay the brand message.

Trained brand activators can explain the commercial communication clearly; instead of merely simplifying written communications which may fall prey to misinterpretation.

In recent years, we've seen a trend emerge whereby promoters are increasingly used to introduce more complex products (life insurance, funeral cover and technology oriented offerings) to consumers in the various out-of-home spaces.

Using promoters to ensure the consumer is completely comfortable and understands the terms of the engagement correctly will undoubtedly reduce the number of complaints and contract cancellations that may arise from the rights bestowed on consumers through the CPA.

This trend, perhaps in preparation for the CPA; sees sufficiently trained promoters equipped to explain the ins and outs of the product, contract or registration terms, not only in plain language as required by the CPA, but often in an appropriate vernacular thereby ensuring that the terms of purchase or contract are understood by the average consumer.

Case study

Standard Bank is currently utilising the company's services, powered by Studentwise, at 40 branches across the country in order to introduce customers to the institution's in-house funeral plan. Brand activators dressed in branded medical dust coats and stethoscopes, are stationed at branch entrances to engage customers on the various benefits of the plan, including attractive living benefits, such as savings on doctor's consultation fees. Once all the necessary information is provided for the customer to make an informed and educated decision; they are referred to an onsite consultant for final signing of the contract; also compliant with the CPA's plain language conditions.

Inclusion of promoters assists consumers

By using top quality brand ambassadors to power marketing communications, companies set themselves above the benchmark and out of the courtroom.

Those companies wanting to stay on the cutting edge would be prudent to engage a specialized activations company to assist in the progressive marketing of their products and services within the confines of the CPA. Rather than expend valuable time navigating through the quagmire of the CPA, hiring a consumer-oriented media company with marketing experience appealing to a wide range of the population can result in highly effective powered solutions.

The inclusion of promoters would ensure that customers receive the full layman's explanation, in their mother tongue when applicable, on all products and services.

About Lauren Durant

Lauren Durant is the operations director at Isilumko Media.
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