In times of economic downturn, business owners may find themselves contemplating a myriad of marketing campaigns designed to bring customers back through the doors.

This can often include cold-calls, mass mail-outs, eNewsletters and offers and the like.

It is important that business owners and their employees act within the applicable laws in marketing their businesses to customers and prospective customers, including:

• Spam Act 2003
• Privacy Act 1988
• Do Not Call Register Act 2006.


The Spam Act prohibits 'unsolicited commercial electronic messages' including emails, instant messaging, SMS and other mobile phone messaging.

To send electronic messages, businesses must have ensure that:
• they have first obtained consent of the customer (express consent, or can be implied from a course of previous dealing)
• they clearly identify the identity of the sender of the message
• the message sent includes an 'unsubscribe' facility.

Failure to comply with the Spam Act can attract a penalty of up to $220,000 for a single day's contravention and up to $1.1 million if there is a repeat contravention.

Under the Privacy Act, businesses have an obligation to protect the personal information of customers which they hold from unauthorised access, modification or disclosure.

A failure to comply with the Privacy Act may ultimately result, among other things in a court order requiring payment of compensation for loss or damage resulting from misuse of personal information.
Businesses should adopt appropriate Privacy policies and put systems in place that will ensure compliance with the Privacy Act.

The Do Not Call Register Act prohibits certain telemarketing calls to fixed and mobile telephone numbers recorded in the Do Not Call Register. Penalties are applicable for breach.

Inviting your questions and comments.

Michelle Lember
Partner
Lember And Williams

your team. the LAW team.