There are 3 golden rules for sending marketing messages by email and SMS:

  1. Have the consent of the recipients
  2. Identify the sender
  3. Have an unsubscribe function.

If the rules are not followed, the email and SMS may be spam – unsolicited commercial electronic messages – and the sender prosecuted under the Spam Act 2003.

Telco First is the latest business to be penalized for breaching the Spam Act by ACMA (the Australian Telecommunications and Marketing Authority). Refer ACMA Media Release 10 March 2021.

In this article we examine how Telco First breached the Spam Act, and the three golden rules to avoid sending marketing messages. A marketing commentary prepared by Michael Field follows.

What did Telco First do?

Telco First conducts direct marketing by means of Telemarketing Calls and CEMs (Commercial Electronic Messages).

Telco First sent more than 65,000 illegal spam text messages through another business that used artificial intelligence so that SMS text messages

Article source: https://www.lexology.com/library/detail.aspx?g=b7162d7a-67c8-4eea-a1b4-fcce9abac11f

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