Spam and Opt-Out resources

In this article:

  • Overview of the importance of adhering to regulatory compliance around spam and opt-outs in SMS messaging campaigns
  • Links to some global spam compliance resources that provide information on local regulation


The SMS landscape is regulated to ensure customers are free to determine who can and cannot contact them, withdraw their consent to receiving contact or messages at any time and to ensure that customers are free to identify which messages are valuable and which are considered spam. 

As a result, many countries, such as the US, the UK, Australia, NZ and EU Member States, have distinct regulations regarding texting customers – especially text message marketing.

Below is a list of resources in these countries and just some of the important regulatory instruments that govern text message communication.– Non-compliance with relevant spam laws can have serious consequences for your business both financially and reputationally. The information below is not a substitute for legal advice but just some general information to get your started and to get an awareness of these important rules. We strongly recommend you get legal advice to check that your organisation is complying with relevant global SMS regulation. You are also reminded that you are required to comply with relevant global spam laws when using the DirectSMS platform under your customer contract with us.

๐Ÿ‡ฆ๐Ÿ‡บ Australia

  • Spam Act 2003 (Cth)
  • Australian Communications Media Authority (ACMA) regulates spam compliance in Australia and has lots of information about spam compliance on its website: https://www.acma.gov.au/

๐Ÿ‡บ๐Ÿ‡ธ United States


๐Ÿ‡ฌ๐Ÿ‡ง United Kingdom

  • Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended) (‘PECRs’) and overlaps with the GDPR 

 

๐Ÿ‡ช๐Ÿ‡บ EU

Spam regulation in the EU is not fully harmonised among the 27 member states so regulations may differ between states


๐Ÿ‡ณ๐Ÿ‡ฟ New Zealand

  • Unsolicited Electronic Messages Act 2007
  • Department of Internal Affairs (DIA) website has a lot of helpful information on spam compliance at https://www.dia.govt.nz/Spam