Direct Marketing Complaints

The Commissioner deals with complaints about electronic unsolicited direct marketing which has been received by individuals.

Special rules apply to the use of electronic mail, such as email and SMS, for direct marketing.

These are the Unsolicited Communications Regulations.  They also apply to the sending of faxes and telephone marketing.

In brief:

Electronic marketing (email/SMS) can only be carried out if you have given the sender your permission.

There is one exception to this rule, the 'soft opt-in', which applies if all the following conditions are met;

  • your details were obtained in the course of a sale, or negotiations for a sale, of the sender's product or service;
  • the messages are only marketing the sender's similar products or services; and
  • a simple opportunity to opt out from marketing was given to you when your details were first collected, and
  • you are given a simple way to opt out in all future messages.

The electronic marketing message must tell you who the sender is (or who it is being sent on behalf of) and provide a valid contact address and a simple means to unsubscribe.

If you think that the Regulations have been contravened and you wish to make a complaint, please write to the Commissioner or complete the complaint form.