Can I Send Text Messages To My Customers?

Businesses of all sizes and from all sectors are now sending text messages to their customers. It is a great way to improve customer experience and is often the preferred way of communication than receiving emails. However, there are distinct regulations on the practice of sending text messages to customers. Otherwise, an unregulated texting landscape would lead to a bombardment of unwanted messages and overwhelm and deter customers.

Benefits Of Sending Text Messages To Customers

There are several benefits of sending text messages to customers compared to other ways of communication:

  • Text messaging is immediate
  • More read than emails
  • It helps your business stand out from the competition
  • Improve customer service experiences
  • It is a discreet and personalised way of communication
  • Simpler to use meaning everyone can access their messages
  • It is more affordable

Potential Risks

Texting is easy, effective and reliable, but if it is used for business purposes, it can also pose a significant risk. Some of the reputation and legal risks involved in sending text messages to customers are:

  • Lack of text message monitoring could see inappropriate messages be sent to customers
  • Not seeking customer permission
  • No option to opt-out of receiving messages
  • Not updating your communications policy to account for business text messaging

Text Messaging Regulations

According to the Spam Act 2003 (Cth), businesses must first gain permission from the recipient before being able to send text messages to them. This rule applies even for contact lists purchased from another business. It is illegal to send the message to the recipient without their permission, but subject to exemptions. Permission can be either express or inferred through an existing business relationship. In circumstances where the recipient has withdrawn their permission (unsubscribed) then the business must stop sending the person messages within five days. Thus, the text messages sent to the recipient must also provide them with the option to opt-out or unsubscribe from receiving messages for a low or no cost. Text messages must also contain the name and contact details of the business.

Conclusion

In answer to the question posed: Yes, it is possible to send text messages to your customers and it is very beneficial for the growth of your business. However, the regulations surrounding commercial text messaging practices are complex and must be carefully examined.

To do so, you must first obtain permission from them. Then you must ensure that they have the option to stop these messages whenever they would like to. Your business details must also be included in each message.

These regulations must be followed. Otherwise, you may find yourself breaching a number of laws and see your business be at risk. If you are still uncertain about the regulations on sending text messages to customers, it is best to contact a business lawyer.

Don’t know where to start? Contact us on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest lawyer marketplace.

Most Popular Articles
You may also like
Recent Articles

Get the latest news

By clicking on 'Sign up to our newsletter' you are agreeing to the Lawpath Terms & Conditions

Share:

Register for our free live webinar today!

Price of Justice: Paying the Right Price for Legal Expertise

12:00pm AEDT
Tuesday 30th April 2024

By clicking on 'Register for webinar' you are agreeing to the Lawpath Terms & Conditions

You may also like

This article goes into everything you need to know about full-time employment agreements.
This article dives into everything you need to know about a shipping policy, ranging from key components of shipping policies to issues associates with such policies.
This article is a guide to all legal documents your online business needs in 2024.

Thank you!

Your registration is confirmed. Keep an eye on your inbox for an email with details on how to watch the webinar.