Direct email marketing laws and how they affect your business

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Published to Giraffe Consulting

In July 2020, the Australian Communications and Media Authority (ACMA) issued a reminder to Australian businesses: comply with spam laws or face the penalties. During ACMA’s recent investigations, $1.5 million in fines were handed out to businesses failing to adhere to the Spam Act of 2003, which details the rights of people to decide what is delivered to their inboxes.

The Spam Act, last updated in 2016, regulates commercial email and other types of commercial electronic messaging. It legislates against unsolicited marketing material and address-harvesting software. At its core, the Spam Act says that all marketing emails sent from companies need to follow specific guidelines to ensure that the receivers of these messages are interested in them – or don’t regard them as ‘spam’. Failure to comply with these laws can result in harsh penalties for businesses, including fines, infringement notices, and even action in Federal Court.

No business wants their marketing material to be considered spam mail. Companies put a lot of work into creating effective and engaging marketing campaigns, and they want those emails opened, read, and acted upon. Inevitably, some individuals on your email marketing list may not be interested in your goods and services anymore. This is fine, so long as they are given the option to stop receiving information from your company. 

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