Short answer: Yes, if the text stays factual. A missed call text back that names your business, says you missed the call and explains how to reach you is likely a factual message under the Spam Act 2003. It needs no consent or unsubscribe. Add an offer or promotional link and it becomes commercial, which needs consent and a working opt-out.
The Spam Act rules for tradies are the same SMS rules every Australian business follows, enforced by the Australian Communications and Media Authority (ACMA).
Is a missed call text a commercial message?
A missed call text is commercial if one of its purposes is to offer, advertise or promote goods or services, or your business as a supplier. A plain reply about the call is likely to fall under the Act’s factual message rule instead.
The Act looks at what a message says, how it is presented, and what its links, phone numbers or contact details lead to. A commercial message needs consent, must identify you, and must have a working unsubscribe.
A message of no more than factual information, plus your name, logo and contact details, is a “designated” message. It needs no consent or unsubscribe, but it must still identify the sender and how to contact them.
The catch: ACMA treats any promotional or sales content as making a message commercial, even when most of it is factual. It warns that getting this wrong can lead to enforcement action and significant financial penalties.
Does someone who calls your business give consent to receive texts?
Not consent to marketing. ACMA says an enquiry, such as an email to your business, is unlikely to be consent to join a marketing list, so treat a missed call the same way.
There are two kinds of consent under the Act:
- Express consent. The person knowingly agrees to receive your marketing, for example on a form, over the phone or face to face. ACMA calls this best practice.
- Inferred consent. Reasonably inferred from the person’s conduct and business relationship with you. ACMA says this usually needs a provable, ongoing relationship that the marketing relates to, and is less reliable.
Doing one job for someone does not create inferred consent either. ACMA says a single purchase is no basis for it, even if you took the number to send the invoice.
So never drop missed callers straight into marketing campaigns, such as seasonal specials or an automated “welcome” sequence. ACMA has flagged automated SMS welcome journeys sent without proper consent and unsubscribe processes.
You also cannot use the missed call text to ask for consent: ACMA says that request is itself a marketing message. Ask when you call back, with an unticked box on your booking form, or in person.
What should a compliant missed call text include?
Your business name, a way to reach you that will still work in 30 days, and, if the text is commercial, a clear opt-out such as “Reply STOP”.
| Text type | Commercial? | What it must include |
|---|---|---|
| Plain reply: who you are, that you missed the call, when you will call back | Likely not (factual) | Business name and contact details |
| Reply with a link to a booking page | Depends on what the page shows | Business name and contact details; treat it as commercial if the page promotes anything |
| Reply with an offer, a discount or a link to your specials | Yes | Consent, business name, contact details and a working opt-out |
| Later marketing texts, such as specials or newsletters | Yes | Consent and a record of it, sender details and a working opt-out |
Name your business accurately. If a platform sends for you, ACMA says to use your correct legal business name, or your name and ABN. Keep these details valid for at least 30 days.
For a commercial text, ACMA says the unsubscribe must be clearly explained, actioned within 5 working days, free apart from a normal text charge, and working for at least 30 days. It must not need a login or extra personal details.
If your texts show a business name instead of a phone number as the sender, people generally cannot reply, so “Reply STOP” will not work. Send from a number that accepts replies.
For example:
Hi, it’s [name] from [business name]. Sorry we missed your call, we’re on a job. We’ll call you back within the hour, or reply with what you need. Reply STOP to opt out.
The Act lets a factual message include unsubscribe details, so the STOP line does not turn it into a commercial message.
When does a booking link or an offer make the text commercial?
As soon as the text, or a page it links to, offers, advertises or promotes your services, it is likely to be commercial.
The Act counts what can be found through links, and ACMA has said a link to commercial content makes the whole message commercial. These would likely tip a missed call text over the line:
- a discount, such as money off your next service;
- a line like “Ask about our blocked drain specials”;
- a link to your home page or a specials page; or
- a booking page that advertises other services or deals.
ACMA’s simplest advice: keep factual messages apart from anything promotional, including links.
An opt-out does not rescue a commercial text sent without consent. Without consent, keep the text factual and the booking page plain, or leave the link out.
What consent records does ACMA expect you to keep?
Enough to prove consent if ACMA asks: how it was given, the terms that applied, and the date and time.
Under the Spam Act, the business relying on consent has to prove it. ACMA can compel you to produce records, and says not to assume a third party sending for you keeps them.
For each contact who agrees to marketing, record:
- the person and the number they agreed for;
- how they agreed (phone call, booking form or in person);
- the wording they agreed to, and what types of messages it covers; and
- the date and time, and who in your team took it.
Log each unsubscribe and when it was actioned. ACMA also says not to contact people who unsubscribed to win them back, unless they agree again.
How does LYD Plumber help, and what does it not do?
LYD Plumber sends your missed call texts and keeps the records, but it does not give legal advice or decide what is lawful for your business.
- Texts from your number. Missed call text back in LYD Plumber sends from your business number in wording you approve, with after-hours versions. Replies, including STOP requests, come back to your inbox.
- Records in the CRM. The LYD Plumber CRM keeps each enquiry and conversation on the contact record. Custom fields can hold when, how and on what terms someone agreed to marketing, and campaigns can be limited to contacts with that record.
- Fewer missed calls. The AI receptionist answers when you cannot, with the greeting and questions you choose.
Missed call text back is on every plan: compare plans and pricing or read answers to common questions about LYD Plumber.
You stay responsible for your texts and your consent records. We set up the wording with you, but we do not decide whether a text is commercial.
This article is general information, not legal advice. If you are unsure, check ACMA’s guidance or get advice.
To see missed call text back working on a real account, book a free demo or start a 30-day free trial.
Frequently asked questions
- Not on its own. ACMA says an enquiry, such as an email to your business, is unlikely to be consent to join a marketing list, so treat a missed call the same way and get express consent before sending offers.
- A commercial text must include a working unsubscribe, such as Reply STOP. A purely factual text does not need one, but the Spam Act allows unsubscribe details in a factual message, so adding it is a simple safeguard if your sending number accepts replies.
- It can. The Spam Act looks at what can be reached through links in a message, and ACMA says a link to commercial content makes the whole message commercial, so check what your booking page shows.
- ACMA expects records of how consent was obtained, the terms that applied, and the date and time. Under the Spam Act it is up to you to prove consent, even when a platform or contractor sends the texts for you.
Sources
- Federal Register of Legislation: Spam Act 2003
- ACMA: avoid sending spam
- ACMA: consumer consent expectations for telemarketing and e-marketing
- ACMA: telemarketing and e-marketing common issues and mistakes
- ACMA: action on scams, spam and telemarketing, April to June 2024 (factual messages)
- ACMA: action on scams, spam and telemarketing, October to December 2022 (inferred consent)
General information only, not legal advice. Sources were checked when this article was published; rules change, so check with the regulator before relying on a figure.