By Matt O'Neale - 1 Apr 2016
A Monty Python sketch once described the canned meat
product Spam as ubiquitous, inescapable and
tasting horrible. Years later, this portrayal has meant that 'spam'
now dually refers to all manner of unsolicited, undesired, or
illegal email messages.
Monty Python may be funny, but infringements of anti-spam
legislation are no laughing matter. In New Zealand, a non-complying
business can be fined up to $500,000 and ordered to compensate spam
victims for their loss. An approach of naming and shaming offenders
can also be a PR headache you don't need.
The Department of Internal Affairs reports investigating around
40 complaints per month, with Auckland-based SMEs being leading
offenders. Some of the business types named by the DIA as among the
worst offenders include general retailers, gyms, beauticians,
hairdressers, grocers, online alcohol businesses and real estate
agents. The DIA claims many SMEs either don't know about the law,
or are interpreting it incorrectly.
Obtaining an email recipient's consent to receive your emails or
other electronic messages is not enough. While consent is a
requirement, the Unsolicited Electronic Messages Act goes further.
For example, commercial electronic messages must only be sent if
they contain a functional unsubscribe facility and if the sender is
clearly identified.
If you are emailing or messaging customers or potential
customers and you are not sure if you are complying with the law,
please contact our team for help.
Contacts
Matt
O'Neale
Craig
Nelson