Message Compliance and Regulatory Information
Overview
Most countries have regulatory requirements when sending SMS. Not all countries have the same requirements, so before sending into a specific country, please check the requirements in advance.
This page is to provide you with some best practices to use when sending SMS in New Zealand and Australia, however you may need to check the regulatory requirements of the country that you are sending to for further information.
There are 3 types of messages:
- Informational - these messages are to provide information to a recipient, i.e system alerts
- Transactional - 2FA codes, system alerts
- Commercial- SMS containing marketing or promotional material, i.e check out sales for goods or services, or containing a link
For Informational or Transactional messages, there is no need to obtain consent from recipients.
Consent
Prior to sending marketing SMS, you must check that you have the recipient’s consent. Here are the different types of Consent:
| Consent Type | Definition |
|---|---|
| Express | A person who gives express consent knows and accepts that they will receive marketing emails or messages from you. This is best practice when it comes to consent. |
| Inferred | In some circumstances, you may infer that you have consent to send marketing messages if the recipient has knowingly and directly given their address and it is reasonable to believe they would expect to receive marketing from your business. This is usually when a person has a provable, ongoing relationship with your business, and the marketing is directly related to that relationship. For example, if someone has subscribed to a service, has an account or is a member, and the marketing is directly relevant to the relationship – such as a person’s savings bank telling them about another savings account with higher interest. It would not cover the bank trying to sell them insurance products. It does not cover sending messages after someone has just bought something from your business. Inferred consent is not as reliable as getting someone’s express consent. |
| Deemed Consent* | Deemed consent is when someone conspicuously publishes their electronic address (e.g. on a website, brochure or magazine) in a business or official capacity. However, if a publication includes a statement that the person does not want to receive unsolicited commercial electronic messages at that address, consent cannot be deemed. The message must also be relevant to the business, role, functions, or duties of the person in a business or official capacity. |
*Deemed Consent applicable in New Zealand but not Australia
Best Practices
- Identify yourself to your recipients
It is a good idea for Commercial messages to clearly identify the business responsible for sending the message and how they can be contacted. In some countries this is a mandatory requirement.
In Australia, as well as other countries, this can be managed by using a Sender ID.
If your company sends messages on behalf of other organisations, ensure that you have provided the required authorisations to your Modica Group Service Delivery Manager. - Consider your Audience
It’s important when you’re creating the content for your promotional material, that you consider your audience, what they need to know and what you are obliged to communicate.
While most advertising is targeted at youth or young adults, we find that complaints are generally made by people who are older simply because the advertising is not clear.
Here are a few things you need to ensure you communicate:- All advertising must not be confusing, misleading or deceptive
- Messages can only be sent to a user once consent has been given. ‘Consent’ must be in accordance with the compliance act for the country that you are attempting to send into, i.e www.dia.govt.nz or https://www.acma.gov.au/avoid-sending-spam#exemptions
- Some content, such as gambling or alcohol related content is subject to restrictions and may be prohibited.
- Make it easy to Unsubscribe
You must provide your recipients with a way to ‘Opt Out’ of marketing type communications. This can either be managed by replying ‘Stop’ to the initial SMS.
I.e “Reply ‘STOP’ to unsubscribe”
If using a Sender ID, be sure to include in the body of the SMS how the opt out is managed.
I.e “To unsubscribe, send ‘STOP’ to +61411000111” or +64111000111
The customer must be provided with an alternative to mobile opt out processes via either a website or landline telephone.
Opt out requests must be actioned within 10 minutes for mobile originating requests and no longer than two working days for non-mobile originating.
An opt out request is deemed as any message received from the customer that contains the word STOP or any variation to that effect.
Some countries may have different requirements, please ensure you check the requirements of the country that you are attempting to send into in advance.
FAQ
Q. Is there any content that can’t be sent into Australia?
Sending content where the subject matter relates to gambling, firearms, or specific illicit/age restricted substances is largely prohibited in Australia.
Q. Can Unsolicited SMS be sent in Australia?
Unsolicited messages refer to messages of a commercial nature (i.e. containing marketing or promotional content) sent to a recipient without their consent. Messages of this nature are an offence to send and could incur a penalty.
Contacting Support
The information that has been provided may or may not apply to your service. If you are unsure, please contact one of our Service Delivery Team support@modicagroup.com.
