SMS Marketing : Legal

In Australia, SMS marketing is regulated by the Spam Act 2003 and enforced by the Australian Communications and Media Authority (ACMA).

Here are the key legal requirements:

1. Consent is Required

You must have the recipient’s permission before sending marketing SMS messages.

There are two types of consent:

Express consent – The recipient actively agrees (e.g., opting in via a form or checkbox).

Inferred consent – A relationship exists where marketing messages are expected (e.g., a recent purchase or inquiry).

2. Identify Yourself

Each message must clearly identify:

The business name, Contact details (phone number, email, or website)

3. Provide an Unsubscribe Option

Every marketing SMS must include a clear and functional opt-out method, such as:

Replying "STOP" to unsubscribe Clicking a link to opt out

Unsubscribe requests must be honored within five working days.

4. No Messaging Outside Reasonable Hours

While there’s no strict rule, marketing messages should typically be sent between 9 AM and 8 PM (local time) to avoid complaints.

5. Avoid High-Frequency Messaging

Sending excessive messages can be considered spam or harassment. Stick to reasonable intervals.

6. Comply with the Do Not Call Register

If a number is on the Do Not Call Register, you cannot send marketing messages unless the recipient has explicitly opted in.

7. No Misleading or Deceptive Content

Messages must not contain false claims, misleading statements, or deceptive offers - this can lead to penalties under Australian Consumer Law

Penalties for Non-Compliance

ACMA can impose fines of up to $2.2 million per breach for serious violations. Recent cases have seen businesses fined hundreds of thousands of dollars for spam breaches.

It is the sole responsibility of the Lead LinQ user to comply with the laws and regulations in their country.