Understanding the SMS Marketing Laws in Australia

Are you utilising SMS marketing for the first time in your company? Are you prepared to learn how a new communication channel can help you expand your opt-in list. Increase sales, and improve the bottom line of your company? Great! However, before you get started. You must first comprehend Australian law regarding SMS marketing and how it may affect your promotional efforts.

The Spam Act of 2003 and the Spam Regulations govern marketing through electronic commercial messages, such as SMS, MMS, or instant messages, that offer, advertise, or promote a business, goods, or services. When it comes to setting up and launching your SMS campaign, these laws outline what you can and cannot do. 

Any business must engage in direct marketing, but Australian SMS Provider for marketing regulations may change what, how, and when you communicate. Learn the fundamentals of SMS marketing laws in Australia with our guide.

Laws governing direct marketing apply to the commercial use of:

  • SMS
  • MMS
  • Email 

For small businesses, direct SMS marketing is extremely successful. It enables you to affordably and instantly send messages with offers, notifications, and support to sizable customer groups. SMS marketing includes everything from coupon offers to courtesy messages and reminders for reservations.

A 90 to 98% open rate is typical for direct SMS campaigns. With the majority of them being read within the first five seconds.

You need to be aware of the SMS marketing laws in Australia and how they may affect your marketing efforts before you get too excited and start doing it. The Spam Act of 2003 must be followed when conducting direct marketing (including SMS and email campaigns). Although we strongly encourage you to read the entire document, we have summarised the most important information about SMS marketing laws in Australia.

Of course, if you adhere to the guidelines and utilise a trustworthy SMS tool. You and your company will be in good shape. Before sending anyone a direct message, you must have their permission.

The consent of the recipients may be given expressly or inferred from their behaviour and “current business or other relationships.” An example of inferred consent is when customers are contacted after purchasing an item with an ongoing warranty. When recipients are regular readers of magazines or other publications. Members of frequent flyer programmes, registered users of online services, and more, implied consent is also established.

When a recipient voluntarily agrees to receive SMS messages, this is known as express consent.

Identification: 

Information about the person or organisation that gave the message’s sender permission must be included in messages clearly and accurately. Include a Sender ID with the name of your business to help ensure this. The message must start with the business or company name if it doesn’t already.

According to the Spam Act of 2003, you may not send an SMS unless:

  • The message accurately identifies the person or organisation that authorised the message’s transmission,
  • The message contains precise details on how the recipient can easily get in touch with the person or business.

You can identify yourself in a variety of ways when you send your audience an SMS marketing campaign. This comprises:

  • Setting a custom SMS sender ID- This allows you to change the mobile number to the name of your company. Letting the recipient know exactly who sent the message. 
  • Setting a custom SMS sender ID allows you to change the mobile number to the name of your company. Letting the recipient know exactly who sent the message. 
  • Adding a CTA: Introduce yourself by allowing people to visit your website via SMS.

Australia’s SMS marketing laws require consent.

Nobody enjoys receiving spam emails or texts, and the Spam Act of 2003 makes sure that doesn’t happen. Express and implausible consent are the two types of consent that are required to send direct marketing. The owner of the phone or email account must permit communications to be received in both cases.

The requirement for an opt-out follows.

The Act offers a variety of enforcement options in the event of a violation. And the ACMA decides the proper course of action on a case-by-case basis. The ACMA uses formal warnings to express its concerns about alleged incidents and to allow businesses and individuals to take corrective action to avoid similar violations in the future.

Additionally, there are exemptions from the Act due to the organisation sending the messages. The information being sent, or the fact that it is not being used for marketing purposes.

Tips for Using SMS Marketing to Increase Leads

Here are our best recommendations for maximising your SMS marketing platform:

  • Don’t send too many SMS messages. Limit it to big or exclusive sales, information that you must have, or confirmations of reservations.
  • Send brief messages. SMS is not the time to bombard recipients with links or a tonne of data. Give them the essential information they require.
  • Ensure that someone is watching and responding promptly. Or include information in your message about how people can contact you or learn more about you.

Start your SMS Marketing Campaign with Guni- one of the most well-known SMS Text Marketing Platform in Australia. 

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