Understanding the SMS marketing law in Australia

Understanding the SMS marketing law in Australia

If you want to use SMS marketing in Australia, you need to get people’s permission first.

The Spam Act of 2003 protects citizens against an onslaught of unwanted commercial electronic messages. Sending direct marketing requires either explicit or implied authorization. The owner of the phone number or email address providing authorization to receive messages must provide their approval in both cases.

A definition of “express authorization”

When a person “opts in,” they are indicating that they are willing to receive direct marketing messages. Someone fills out a card in-store or registers for your mailing list online to get emails or text messages from you.

So, let me get this straight: what is inferred permission?

If someone signs up to be one of your customers, you may assume they are okay with being contacted by you in the future. Since they have already transacted with your business. They are likely to be interested in learning more about what you have to offer. To lawfully use SMS or other direct marketing strategies, you must have either explicit or implied authorization.

How do you implement a choice to not receive future SMS advertisements?

Every email or text message sent out for marketing purposes in Australia must contain clear instructions for how to unsubscribe from future messages. The use of a reliable email to SMS marketing platform (such as our own) is helpful in this regard since it includes the opt-out or unsubscribe button by default. If a customer decides they no longer want to receive SMS or email from you, they must be removed from all of your marketing lists. You have 5 days to delete them from any mailing lists you maintain.

According to Australia’s regulations on short message service (SMS) advertising. You must clearly display your company’s name whenever your messages are read. It is important that the recipients of your SMS understand that it has come from your company. This may be accomplished in two ways:

  • Sender ID customization allows your company name to appear in place of your phone number in recipient’s inboxes. It’s a fantastic addition to your own identity as a brand.
  • If you can’t modify your message’s sender ID, include your company’s name in the subject line.

Data Storage

Thinking about how you will keep track of your subscribers and customers is important if you plan on employing SMS or email marketing. The Australian Privacy Act of 1988 requires openness about what information is being stored and why. There are additional factors to think about as well:

  • Take proactive measures to protect the privacy of your customers.
  • Allow users to update their own profile information.
  • If confidentiality is sought, it must be granted.
  • Use a privacy statement.

Advice on How to Get the Most Out of Your SMS Marketing

Get the most out of your SMS marketing platform by following our top advice!

  • The usage of short message service (SMS) should be limited. Use email only for confirmation of bookings, special offers, and other time-sensitive announcements.
  • Condense your messages to the bare minimum. Text messages are not the place to send lengthy messages with many links or data. Give them the lowdown on what they absolutely must know.
  • Have someone watching and reacting quickly, or provide a way for them to get in touch with you or learn more in your message.

We can’t deny that SMS is convenient and inexpensive, yet breaking the law has serious repercussions. All commercial electronic communications transmitted to Australians are governed by the Spam Act of 2003, which primarily includes the following three rules:

Acknowledgement and agreement from those being served

Consents may either be stated explicitly or can be inferred from the circumstances. Customers’ express permission to receive electronic communications from your company is called “expressed consent.” People may sign up for your newsletter by filling out a form, clicking a button on your website. Or getting in touch with you personally (through mail or phone). The closeness of a company’s customer relationships is crucial to establishing inferred consent. If you already have a connection with a client or subscriber. It’s probably safe to assume that they’d be open to hearing about other, related goods and services.

Source verification

All commercial electronic communications are required by the Spam Act of 2003 to clearly and accurately identify the sender. The sender ID feature of SMS allows you to clearly identify yourself. Or you may begin your messages with the name of your company or brand. There must be no room for confusion about who is sending the message. Avoiding misunderstandings and potential legal trouble by being as clear as possible is always a good idea.

Choice to Opt Out

The last stipulation is the inclusion of an opt-out mechanism. That implies there have to be specifics on how people may stop getting communications in the future. The simplest method to accomplish this by text message is to register for a Virtual Mobile Number and include the words “Opt out? Call or text STOP to Opt out. If you send a “stop” to an SMS system like ours. We’ll immediately put your number to a “opt out” list and cease sending you SMS communications. In any case, the law mandates that the message sender respond to unsubscribe requests within 5 business days. Refusing to comply with these requests and continuing to send SMS to consumers who have requested to be removed might result in severe penalties under the Spam Act of 2003. 

Here at Guni SMS Gateway Australia, we provide honest options for SMS advertising. Contact us whenever you’d want to talk about how to provide your customers the option to opt in or out of receiving future messages from you. 

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