#80 Sending Emails & SMS - the SPAM Rules
A topic I get asked a lot about is the legality of sending emails and SMS. Receiving unsolicited emails and text messages can be really annoying so I’m talking today about the Spam Act which outlines the rules, regulations and best practices around when you can and can’t contact people with marketing and business information.
In this episode, I explain what the law says about when you can add someone to your email list, the consent you need, and how best to obtain that consent.
It’s becoming more common now for businesses to send communication via SMS, but just because a business does this, doesn’t mean they’re doing it legally. It’s important to understand what the law says about obtaining express consent to contact people via SMS.
I outline the difference between express consent and inferred consent and the 3 things you legally need to have in your communication in both email and SMS.
This episode will be relevant, helpful and important for e-commerce businesses and services providers alike.
TOPICS DISCUSSED AND WHERE TO FIND THEM:
[0:45]: The Spam Act is legislation that outlines rules, regulations and best practices around when you can and can’t contact people with marketing and business information.
[1:20]: There are 2 ways someone can consent to be on your email list - Express consent and inferred consent. From a business perspective, it’s best practice to tell people you’re going to put them on your list.
[2:55]: There is no inferred consent for SMS communication. This needs to be express consent, which means you’re asking them directly if they are happy for you to contact them via SMS.
[3:55]: If another business sends you an SMS, it doesn’t mean they’re allowed to - dentists, hairdressers etc.
[4:30]: 3 things you legally need to have in your communication when sending emails or SMS:
#1: Business details and ABN
#2. Clear details for people to get in contact with you
#3. Unsubscribe option
[5:35]: You can package all the requirements into properly tailored business legals. If these requirements are in your T’s & C’s, you’ve done everything necessary to obtain consent.
[6:30]: If you have someone who comes into your practice and fills out forms, you can obtain verbal approval.
LINKS:
Get your copy of my Annual Legal Checklist here
