Don’t be that SPAM guy….
No one likes receiving SPAM. Getting a sly email about cheap pharmaceuticals is not great, but receiving a text message from a company you don’t have any business with is a pain… it’s invasive and a waste of time.
A recent case saw McDonald’s warned over sending emails to people who had not requested them, as part of a ‘send to a friend’ campaign. In addition, there was no ‘unsubscribe’ facility for users to opt-out. Whilst they were not fined in this specific example, Coca Cola were not so lucky back in 2009 over a SMS message campaign which failed to identify Coca Cola as the sender, in addition to not providing a unsubscribe facility. Coke’s agencies copped over $100,000 in fines from ACMA for this little mistake.
To ensure that you remain compliant with Australian Spam rules and regulations, ACMA has published a wealth of information online to help you understand what is classified as Spam, and what is not.
The three main requirements of the Spam Act are:
1) Consent – You must have your customers consent to receive text messages. This can be either ‘express’ consent (for example, a written acknowledgement they would like to receive messages) or in some circumstances can be ‘inferred’ consent (they maybe an existing customer of your’s.
2) Identify – You must identify the sender of the message and contact information should the recipient want to get in touch.
3) Unsubscribe – You must include a functional unsubscribe facility which allows the recipient to be removed from marketing databases.