Is SMS Marketing Legal in Australia?

Yes, SMS marketing is legal in Australia, but it is strictly regulated.

Mobile Message

Mobile Message

— 3 min read
Is SMS Marketing Legal in Australia?

Yes, SMS marketing is legal in Australia, but it’s tightly regulated. To stay compliant you must get consent, identify your business, and include an easy way to unsubscribe in every marketing SMS. These rules come from the Spam Act 2003 and are enforced by the Australian Communications and Media Authority (ACMA).

The Three Core Rules (Spam Act 2003)

You need the recipient’s permission before sending marketing SMS. Consent can be:

  • Express consent – the customer actively opts in (via a form, checkbox, or verbal agreement).
  • Inferred consent – limited cases such as an ongoing customer relationship where the marketing is directly related to that relationship.

You cannot send an SMS just to ask for consent. Keep records showing who consented, when, and how, because the onus is on you to prove it.

2. Identify Yourself

Your SMS must clearly identify you or your business and include contact details that will remain valid for at least 30 days after sending. If someone is sending messages on your behalf, the message must still identify your business.

3. Provide a Functional Unsubscribe

Every marketing SMS must include a working opt-out that is:

  • Clearly visible in the message.
  • Low or no cost to use.
  • Functional for at least 30 days after sending.
  • Actioned within five business days.

If you use an alphanumeric sender ID that can’t receive replies, you must provide an alternative opt-out method (such as a dedicated number or an unsubscribe link).

  • Express consent is always the safest and most transparent approach. For example:
    “Yes, send me offers and updates by SMS from [Business Name]. I can unsubscribe at any time.”
  • Inferred consent is risky. A single purchase does not give you permission to send future marketing. It generally only applies to ongoing customer relationships where the marketing is directly related to previous dealings.

What Not To Do

  • Don’t buy or sell lists created using address-harvesting software.
  • Don’t disguise marketing as a “service” message. If a message includes promotional content, it’s marketing and must follow the full rules.
  • Don’t hide your business identity or contact details.
  • Don’t ignore opt-outs—honour them within five business days.

Real Penalties for Getting It Wrong

ACMA regularly enforces the Spam Act, with significant penalties:

  • Pizza Hut – $2.5m for more than 10 million non-compliant SMS and emails.
  • Luxottica (OPSM, Oakley, Sunglass Hut) – $1.5m for messages without a functional unsubscribe.
  • DoorDash – $2m fine plus a three-year enforceable undertaking.
  • Tabcorp – $4m penalty for unlawful VIP marketing messages.

These cases highlight how costly non-compliance can be.

  • Use clear, specific language at the point of collection.
  • Provide details of what kind of messages will be sent, who is sending them, and how to opt out.
  • Keep records of consent (date, time, source, and the exact wording used).

What to Include in a Compliant SMS

A compliant marketing SMS must contain:

  • Your business name (so the recipient knows who you are).
  • The offer or message (clear and relevant).
  • An opt-out method that works.

Example (with numeric sender ID):
“[Business Name]: 20% off frames this weekend. Show this SMS in-store. Opt out: reply STOP or visit example.com/stop”

Example (with alphanumeric sender ID):
“[Business Name]: VIP presale starts today. Unsub: reply STOP to 04xx xxx xxx or tap example.com/stop”

Record-Keeping and List Hygiene

  • Store records of consent and opt-out requests.
  • Regularly update your contact lists.
  • Do not use purchased lists unless you can prove valid consent for your business.

FAQs

Is SMS marketing legal in Australia?
Yes—if you have consent, identify your business, and include a working unsubscribe.

How quickly must I honour opt-outs?
Within five business days, and your unsubscribe method must stay active for 30 days.

Can I rely on a one-off purchase as consent?
No. A single purchase does not equal permission to send future marketing SMS.

Can I use a purchased list?
Only if you can prove the contacts gave consent to receive your messages.

Does the Do Not Call Register apply to SMS?
No, it applies to phone calls and faxes. SMS is regulated under the Spam Act.

How Mobile Message Helps You Stay Compliant

Mobile Message makes compliance simple:

  • Easy consent capture and import checks.
  • Automatic handling of unsubscribes.
  • Clear sender identification built into every message.
  • Detailed logs for audits and reporting.

If you’re new to Mobile Message, you can start with free credits to test the platform. After that, SMS pricing is transparent and affordable—from just 2¢ per standard national SMS plus GST.

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