Is Bulk SMS Legal?

Bulk SMS messaging is a fantastic opportunity to engage with your customers, clients or colleagues via a convenient, direct, and instant communication method. The huge cost-efficiencies of bulk SMS pricing mean you can send one alert or reminder to as many people as you need–in one click–or generate personalised messages to specific recipients.

However, many Australian businesses contact 160.com.au with concerns about the legalities or to enquire about whether even the most secure bulk SMS app will guarantee they protect consumer data and comply with confidentiality regulations.

Let’s look at the regulations enforced by the Australian Communications and Media Authority (ACMA) so you have absolute clarity about your responsibilities and remain 100% compliant.

What Are the Laws in Australia Related to Bulk SMS Marketing?

As we’ve indicated, ACMA is the organisation in charge of overseeing marketing activities, with the Spam Act 2003 the piece of legislation most relevant to SMS messaging for commercial purposes. In short, SMS bulk messaging is completely legal, provided you remain mindful of the rules and don’t send marketing messages or any other communications your recipient hasn’t agreed to receive.

There are plenty of bulk SMS examples you can review to see how the rules apply in a real-world marketing scenario, but in short:

  • Bulk SMS message recipients have to consent to be contacted in this way.
  • You need to include an opt-out function so anybody who changes their mind can request removal from your contact list or database.
  • Messages should be relevant and appropriately targeted rather than spam, which may be of zero interest to the person.

Spam is considered anything unsolicited (i.e. sent without permission) or wanted (i.e. irrelevant to the recipient), so as long as you approach your SMS marketing strategically, there is little risk of breaching the law.

How Can Businesses Ensure Their Bulk SMS Campaigns Are Legal?

The simplest way to gain the peace of mind that your bulk SMS messages are above board is to use an established, credible bulk SMS app. Here at 160.com.au, our bulk SMS packages include, as standard, a number of features and benefits that add real value.

For example, you can add personalised messaging tags to customise each SMS to the recipient, set up an automatic opt-out keyword for any customer who doesn’t wish to receive further messages, and have the assurance of highly secure messaging to keep communications between you and your contacts protected.

What Can You Use Bulk SMS Messaging For?

SMS is a more direct, informal and accessible way of contacting your customers, and it cuts through the hundreds of spam and junk messages sent by email every day. There are limitless applications depending on the nature of your business and the types of communications you need to send, but these might include:

  • Promotions and reminders, such as letting your customers know when a sale event begins or when a new product is due to launch
  • Personalised messages–perhaps a follow-up to confirm the date and time of an upcoming appointment or a note to prompt a customer who has left an item in their online basket without checking out
  • Accounts communications–payment reminders, confirmation that an order has shipped, or a notification about any changes to your customer’s account limit or activity

Provided you follow the guidelines we’ve summarised above and are responsive to opt-out requests, you can use bulk SMS messaging with confidence and achieve engagement metrics that outperform email marketing multiple times over.