Is cold SMS legal in Australia?

Mobile Message

12 Dec 2024 — 2 min read

No, cold SMS is not legal in Australia. The Spam Act 2003 strictly prohibits sending unsolicited marketing messages via SMS. Businesses must have explicit or inferred consent from recipients before contacting them with promotional or commercial content. Sending cold SMS without consent is a clear violation of this law and can result in significant penalties.

What Is Cold SMS?

Cold SMS refers to sending marketing messages to individuals who have not given their consent or shown any interest in your business. These messages are often sent in bulk to random recipients, hoping to generate leads or sales. However, in Australia, this practice is considered spam and is illegal.

The Legal Requirements for SMS Marketing in Australia

To comply with Australian law, businesses must:

Obtain Consent: You need explicit permission (e.g., signing up for updates) or inferred consent (e.g., a current customer relationship) to send marketing messages.
Identify Yourself Clearly: Every SMS must clearly state who the sender is.
Provide an Opt-Out Option: Include an easy, no-cost way for recipients to opt out of future messages.

What Are the Penalties for Cold SMS?

The Australian Communications and Media Authority (ACMA) actively monitors and enforces compliance with the Spam Act. Businesses found guilty of sending unsolicited SMS messages can face severe penalties, including fines of up to $2.2 million for serious breaches.

Alternatives to Cold SMS

If you’re looking to grow your business through SMS marketing, focus on building a legitimate contact list. Here are some compliant ways to collect consent:

Use website forms with clear opt-in checkboxes.
Offer value, such as discounts or exclusive content, in exchange for signing up.
Engage with existing customers who have shown interest in your products or services.

How Mobile Message Helps You Stay Compliant

At Mobile Message, we prioritise compliance with Australian SMS marketing laws. Our platform provides tools to manage your contact lists, collect consent, and include opt-out options in every message. This ensures your campaigns are not only effective but also legal.

Conclusion

Cold SMS is illegal in Australia. Businesses must respect privacy laws and obtain proper consent before sending marketing messages. Non-compliance can lead to hefty fines and damage your brand’s reputation. For compliant and effective SMS marketing solutions, visit Mobile Message and let us help you do it the right way.

Top SMS Campaigns for Boxing Day Sales

Boxing Day is one of the biggest shopping days of the year, offering businesses a golden opportunity to boost sales and engage with customers. SMS marketing is an effective way to reach your audience quickly and drive immediate action. Here are the top SMS campaigns you can implement for your

How is SMS Used in Marketing?

SMS marketing has emerged as a powerful tool for businesses looking to engage customers directly and effectively. With its high open rates and instant delivery, SMS offers a unique advantage in the crowded digital marketing landscape. Here’s how SMS is transforming marketing strategies and why it should be a

Shared vs Dedicated Numbers: Which One Should Your Business Use?

Choosing the right type of phone number is crucial for your business communication strategy. Shared and dedicated numbers each have their own advantages and considerations. Understanding the differences can help you make an informed decision that best suits your business needs. What Are Shared Numbers? Shared numbers are telephone lines

Tips for Writing High-Converting SMS Copy

SMS marketing is a powerful tool for businesses looking to engage customers directly and effectively. Crafting high-converting SMS copy is essential to maximise the impact of your campaigns. Here are some expert tips, complete with real-world examples, to help you write compelling SMS messages that drive results. 1. Keep It