Is it legal to text customers back automatically in Australia?
Yes, when it's done properly. Here's what the Spam Act actually requires, in plain language.
Yes, provided three things are true: the person consented, the message identifies your business clearly, and there is a working way to opt out. Someone who has just contacted your business about a job has given inferred consent to be replied to, which is what makes an automated reply to an inbound enquiry lawful. What is not lawful is using that consent to send them marketing later, or texting people who never contacted you.
The three requirements, in plain language
The Spam Act 2003 (Cth) governs commercial electronic messages in Australia, including SMS. It sets three tests, and all three have to be met.
- Consent: either express (they said yes) or inferred (they contacted you about a job, so a reply is expected)
- Identify: the message has to make clear who is sending it and how to contact you
- Unsubscribe: there has to be a functional opt-out, and it has to be honoured promptly
Where inferred consent starts and stops
If someone rings your business and it goes to voicemail, or fills in your contact form, they have plainly invited a reply. Replying to that enquiry is exactly what inferred consent covers.
It does not stretch to promotional messages later on. Replying to Sharon about her hedge is fine. Texting Sharon a spring special four months later is a different message with a different consent requirement, and the safe answer there is express consent.
It also does not stretch to lists. Buying numbers, scraping them, or texting past enquiries in bulk is not covered by anything on this page.
The privacy side
Names, phone numbers and addresses are personal information under the Privacy Act 1988 (Cth), which brings the Australian Privacy Principles into play: collect only what you need, tell people what you are doing with it, keep it secure, and let them ask for it.
For a trades business this is mostly common sense written down. It matters more once a system is holding those conversations for you, because the data is being processed somewhere other than your phone.
What this means in practice
If you are setting up automated replies, this is the shortlist worth checking.
- It only ever replies to people who contacted you first
- Every message says who you are, by business name
- Every thread carries an opt-out that actually works, immediately
- Nothing gets sent to old enquiries as marketing without express consent
- You can say where the conversation data is stored if a customer asks
This is not legal advice
It is a plain-language summary of how the rules apply to replying to your own inbound enquiries, written by people who had to work it out for their own business. If you are doing anything broader than that, particularly outbound marketing, get advice specific to your situation.
Common questions
Yes, if the person consented, the message identifies your business, and there is a working opt-out. Someone who has just contacted you about a job has given inferred consent to be replied to, which covers an automated first reply.
It applies to commercial electronic messages generally, but a reply to an inbound enquiry sits comfortably within inferred consent. The requirements to identify yourself and offer an opt-out still apply.
That is marketing, not a reply, and inferred consent from an old job enquiry does not reliably cover it. Get express consent before sending promotional messages.
There is no legal requirement to declare it. There is a requirement to identify the sender, so the message has to make clear it is from your business.
You have to honour it promptly and stop sending. That is a hard requirement under the Spam Act, not a courtesy.
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