Opt-outs - regulations and compliance

Although SMS is typically the most preferred method of communication for customer support*, it is important that the SMS landscape is regulated to ensure customers are free to determine who can and cannot contact them and that they are free to identify which messages are valuable and which are considered spam. 

As a result, many countries, such as the US, the UK, Australia and EU Member States, have distinct regulations regarding texting customers – especially text message marketing.

Below is a list of the various legal instruments that govern text message communication in various countries - and understanding them can help you keep your local or global SMS strategy compliant in different parts of the world:

🇦🇺 Australia

• Spam Act (2003)

🇺🇸 United States

• Telephone Consumer Protection Act (Link to FCC Resource Center)
• CAN-SPAM Act

Governing bodies:

• Cellular Telecommunications Industry Association (CTIA)
• Federal Communications Commission (FCC) 
• Mobile Marketing Association (MMA)

🇬🇧 United Kingdom

• Privacy and Electronic Communications Regulations
• Data Protection Act

🇪🇺 EU

• General Data Protection Regulation (GDPR)

🇳🇿 New Zealand

• https://www.dia.govt.nz/Spam-Complain-About-TXT-Spam

IMPORTANT: The content of this article does not constitute legal advice, is not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any particular matters you or your organisation may have. The information linked to this article is not owned by Spark or MessageMedia Group, and as a result, Spark and MessageMedia Group are not responsible for the accuracy or any resulting interpretation of the information contained on third party websites. You are responsible for compliance with anti-spam laws in accordance with the Customer Terms, Privacy Policy, and Acceptable Use Policy.

*Source: SMSComparison.com 2019