How does 'consent' work on the DNCR? | ACMA

How does 'consent' work on the DNCR?

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How does consent work on the Do Not Call Register?

Even if you have listed your number on the Do Not Call Register (DNCR), you may still receive telemarketing calls and marketing faxes if you have consented to be contacted by a particular business.

Consent may either be given explicitly (‘express’) or inferred from an existing relationship with a business (‘inferred’).

You can withdraw your consent to receive future telemarketing calls or marketing faxes at any time during a phone call or by contacting the business in question.

If you continue to receive telemarketing calls or marketing faxes after you have withdrawn your consent, you may complain to the ACMA by calling the Do Not Call Register on 1300 792 958 or by visiting the www.donotcall.gov.au website.

What is ‘express consent’?

Express consent is where you clearly indicate to a business that you are willing to receive telemarketing calls or marketing faxes from them.

For example, filling in an online survey or entering a competition online commonly require you to accept terms and conditions that include you consenting to receive direct marketing from a business and its affiliates. Express consent can also be provided where you tick a box on a form, or accept terms and conditions agreeing to receive future telemarketing calls or marketing faxes from a particular business.

Express consent lasts for a period of three months from the date it was given, unless the consent agreement was stated to be for a specific period or was specified to be ongoing.

What is ‘inferred consent’?

Inferred consent is where a business has reason to believe that you are willing to receive telemarketing calls or marketing faxes from them. This will usually be based on a current or recent business relationship they have with you.

For example, if you are a customer of ‘ABC Telco’, this business is likely to have inferred consent to contact you regarding its products and services, even if you are on the Do Not Call Register.  

Inferred consent, including the duration of inferred consent, may depend upon what sort of telemarketing calls or marketing faxes you would reasonably expect to receive under an existing relationship.

For example, if you hold an ‘XYZ Bank’ credit card you may reasonably expect to receive telemarketing calls or marketing faxes about ‘XYZ Bank’ home loans or ‘XYZ Bank’ savings products. However, it is less likely to be reasonable for you to be contacted by ‘Lucky’s Financial Services’, even if ‘Lucky’s Financial Services’ is a business related to ‘XYZ Bank’ in some way.

Where you indicate that you do not wish to receive telemarketing calls or marketing faxes from a business, consent ends immediately and can no longer be inferred.

When is consent not inferred?

  • If you’re on the DNCR and you have previously accepted telemarketing calls or marketing faxes from a business, this doesn’t mean that consent can be inferred for receiving further telemarketing calls or marketing faxes from that business unless you have a current or recent business relationship with them.
  • The publication of your telephone or fax number (for example, in a telephone directory or through a website) doesn’t mean that you have consented to receive telemarketing calls or marketing faxes.

Withdrawing consent

  • You can withdraw your consent at any time (whether it was express or inferred consent). Make it clear that you no longer want to receive marketing calls or faxes and keep a record of your withdrawal. If you verbally withdraw consent, it’s a good idea to also do it in writing.
  • If you continue to receive telemarketing calls or marketing faxes from the business after you’ve withdrawn your consent, you can make a complaint to the ACMA.

If you continue to receive telemarketing calls or marketing faxes from the business after you have withdrawn your consent, you can lodge a complaint by calling the Do Not Call Register on 1300 792 958 or by visiting the www.donotcall.gov.au website.

Please note: this document is intended as a guide only and should not be relied on as legal advice or regarded as a substitute for legal advice in individual cases.

 

Last updated: 30 March 2017