The High Court recently imposed a $36,000 fine against the New Zealand Trustees Association for sending 24,000 unsolicited commercial electronic messages. The Unsolicited Electronic Messages Act 2007 outlines the rules for anyone sending messages electronically with marketing or promotional material, known as ‘commercial messages’.

There are three general guidelines that can help keep you within the law when sending a commercial message:

1. Ensure you have consent from the recipient to send them commercial messages.
2. Include a functional unsubscribe facility in the message, and
3. Provide accurate sender information to the recipient.

You should not presume that because a person has provided contact details for another matter in the past that they have consented to receive further messages from your business.

Make sure you are aware of the rules and, if necessary, talk with us if you are considering a marketing strategy that will involve sending commercial messages.

DISCLAIMER: All the information published in Commercial eSpeaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this article. Views expressed are those of individual authors, and do not necessarily reflect the view of this firm. Articles appearing in Commercial eSpeaking may be reproduced with prior approval from the editor and credit given to the source. Copyright, NZ LAW Limited, 2020. Editor: Adrienne Olsen. E-mail: [email protected]. Ph: 029 286 3650 or 04 496 5513.

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