ACMA · Spam Act 2003
Reminders are usually fine; anything that promotes makes it a marketing message
- In their words
- “Breaches can occur even if a message is mostly 'factual'.”
- Checked
- 2026-11-06
The rule
Only commercial messages are spam. ACMA's consumer page says messages that are appointment or payment reminders are generally not spam. But a message becomes commercial as soon as it promotes something, even if it's mostly factual.
What ACMA says, in short
- Reminders: appointment and payment reminders are generally not spam (ACMA, "Dealing with spam", updated 29 August 2025).
- Any promotion makes it commercial. If a message contains any promotional or sales content, it's commercial, even if its main purpose is factual (ACMA compliance report, April to June 2024).
- Links count. A link to commercial content makes the whole message commercial (same report).
- "Come back" messages are commercial. ACMA says messages trying to keep or win back customers who have cancelled are commercial and must comply.
- Asking for consent by text is itself a marketing message, and buying something once doesn't give inferred consent to marketing (ACMA, "Avoid sending spam").
ACMA content is published under CC BY 4.0.
What it means for your business
- Keep reminders purely factual. Put offers in separate marketing messages that have consent, your name and an unsubscribe.
- Win-back, recall offers and abandoned-cart nudges that link to buying are marketing messages. Treat them that way.
Used in
Cosmetics lesson 10. Physio lesson 06.
General information, not legal advice. Rules change, so check the source before you rely on it.