The Australian Communications and Media Authority (ACMA) has issued a statement setting out its expectations on businesses for the use of consumer consent to conduct telemarketing and e-marketing.

It covers:

• compliance with the minimum rules in the Spam Act 2003, the Do Not Call Register Act 2006 and subordinate instruments (collectively referred to as the Rules), and
• responsible marketing practices.

Telemarketing is any call where at least one of the purposes is to offer, promote or advertise goods and services, land, a business or investment opportunity, or to solicit donations.

E-marketing includes email, SMS, and instant messages where at least one of the purposes is to offer, promote or advertise goods and services, land, or a business or investment opportunity (or a supplier or prospective supplier or provider of any of those things).

For e-marketing, consent must be obtained before messages can be sent, including to businesses.

For telemarketing, consent must be obtained to call numbers on the Do Not Call Register.

The ACMA recommends using express consent as it involves a clear and unambiguous choice made by a consumer.

The statement lists consumer friendly practices and consumer unfriendly practices.

The ACMA is Australia’s regulator for telecommunications, radiocommunications, broadcasting, some online content and telemarketing and e-marketing.

The statement is not legal advice nor is it a definitive compliance guide to the Rules.

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