The Australian dealer's guide to compliant customer messaging (Spam Act, Privacy Act, consent)
A plain-English guide to messaging your customers the right way under Australian law: the three pillars of a compliant message, what consent really means, and how to keep your records straight.
Every dealership has a database, and most of the value sits in following up the people already in it. The catch is that almost every marketing text, email or follow-up you send is a “commercial electronic message” under Australian law, which means three federal rules apply before you hit send. This is general information, not legal advice; check your obligations with a qualified adviser.
The three pillars of a compliant message
The Spam Act 2003 (Cth), which the Australian Communications and Media Authority (ACMA) enforces, sets three requirements for any commercial electronic message. First, consent: you must have the recipient's consent before you message them, either express or inferred. Second, identify the sender: the message has to make clear who is sending it and how to contact you, using your correct legal name or your name plus your ABN. Third, a functional unsubscribe: every message needs a working opt-out that is easy to use, stays active for a reasonable period, and does not force the person to log in or hand over extra personal information. Once someone opts out, you have to stop messaging them within five business days.
Consent, a clear sender identity and a working unsubscribe are not optional extras. They are the minimum for every commercial message you send.
Express versus inferred consent
Express consent is the clean version: the customer actively opted in, by ticking a box, filling in a form or telling you directly that they want to hear from you. It is the strongest footing and the easiest to defend. Inferred consent is narrower. It can apply where there is an existing business relationship and the message is reasonably expected, for example a recent buyer about their own vehicle. A name in your DMS from years ago, or a list you bought, is not consent. When in doubt, treat it as if you need express consent. For your owner base specifically, see Can dealerships legally SMS their database?
The Privacy Act and your customer data
The Spam Act governs the message; the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) govern the data behind it. Most dealer groups are covered. In practice the APPs mean: collect personal information fairly and only what you need, tell people what you are collecting and why at the point of collection, and use it for the purpose it was given, with direct marketing handled under its own opt-out rules. A clear, current privacy policy and a sensible retention habit go a long way.
5 business days
The window to action an unsubscribe request under the Spam Act, measured from when the request is received, not when you get around to it.
Quiet hours as best practice
The Spam Act does not set legal quiet hours, but sending a finance follow-up at 6am reads as spam even when it is technically compliant. Industry best practice is to keep messages inside reasonable daytime windows and to be more conservative on weekends and public holidays. For the detail, see Quiet hours: when you can and can't message customers.
Keep your consent records
If ACMA ever asks, the question is simple: can you show consent? Keep a record of how and when each contact opted in, log every opt-out, and make sure the suppression list is honoured across every channel. This is exactly the kind of work good automation should handle for you: checking consent before a send, processing STOP replies, suppressing do-not-contact numbers, and holding messages outside sending hours, so compliance is the default rather than a manual chore.
Sources: ACMA: Avoid sending spam, ACMA: email and SMS unsubscribe rules, Spam Act 2003 (Cth), OAIC: Australian Privacy Principles. Figures are industry findings, not Dealerloop results.
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