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.

She is not happy to be receiving SPAM!

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.

More information on these three key areas from ACMA is available here. As always, please feel free to get in touch should you have any questions.

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