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 In circumstances where the recipient has withdrawn their permission (unsubscribed) then the business must stop sending the person messages within five days.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.
