The $2,500 Mistake You Might Be Making Every Morning
I was sitting down for a coffee in New Farm last week with a bloke who runs a successful landscaping business. He was frustrated. He’d just heard about a massive company getting slapped with a multi-million dollar fine for sending 'spam'.
"Is that going to happen to me?" he asked. "I just want to tell my old clients about our winter turf packages. Am I going to get sued for sending an email?"
Here is the honest truth: The Australian government isn't usually hunting down a small family business in the suburbs for sending a few extra emails. However, they do care about the rules. If you get it wrong, you aren't just risking a fine; you’re risking your reputation. Worse, you're wasting money sending messages that end up in a junk folder where no one will ever see them.
Most of what you read online about 'email compliance' is written by lawyers or tech-heads who love using big words to sound smart. In reality, keeping your business safe and your emails profitable comes down to three simple rules.
If you follow these, you won't just stay out of trouble—you'll actually make more money because your customers will respect you more.
Rule 1: You Must Have Permission (No, Buying Lists Doesn't Count)
I’ve seen this a dozen times. A business owner gets excited, goes online, and buys a 'list' of 5,000 local Brisbane residents for a few hundred bucks. They blast out an offer, and instead of the phone ringing, their email account gets blocked.
In Australia, you cannot send marketing emails to people who haven't said 'yes' to hearing from you. This is called 'Consent'.
There are two types you need to know about: 1. Express Consent: This is the gold standard. A customer ticks a box on your website or signs a form in your shop saying, "Yes, send me your specials." 2. Inferred Consent: This is for your existing customers. If a plumber in Morningside fixed a lady's sink six months ago, he has 'inferred consent' to email her later about a hot water system service. There is an existing relationship.
The Bottom Line: If you've never spoken to them and they've never bought from you, don't email them. It’s a waste of time and a fast track to getting your business blacklisted. If you're worried your current approach is falling flat, you might need to look at measuring ROI to see if your efforts are actually hitting the mark.
Rule 2: Tell Them Exactly Who You Are
This sounds like common sense, but you’d be surprised how many businesses get it wrong. Your email must clearly identify your business.
Your 'From' name shouldn't be 'Sales Team' or 'Admin'. It should be 'John from ABC Tiling' or just 'ABC Tiling'.
Inside the email, you must include: Your legal business name (or registered trading name). Your ABN (it's just good practice and builds trust). A way to contact you (phone number, physical address, or website).
People buy from people they trust. If your email looks like a mystery message from a generic address, it’s going straight to the bin. When you're clear about who you are, you stop business emails from being flagged as suspicious by Google or Outlook.
Rule 3: The 'Unsubscribe' Button is Your Friend
I know it hurts to see people leave your list. It feels like a rejection. But here’s a secret: You want people who aren't going to buy from you to unsubscribe.
Every marketing email you send must have a clear, easy-to-find 'Unsubscribe' link. In Australia, the law says you must process that request within five business days. Most modern email tools do this automatically the second the person clicks the link.
Don't hide the link. Don't make them log into a portal to leave. If you make it hard to unsubscribe, they won't give up—they’ll just hit the 'Report Spam' button. If enough people do that, Google will decide your business is a nuisance, and even your important one-on-one quotes to new customers will start ending up in their junk folders.
The Quick Wins: How to Fix This Today
If you’re worried your current setup is a bit messy, don't panic. You can fix most of this in an afternoon. Here is what I tell my mates to do first:
1. Check your 'Sign-Up' forms
Go to your website. If you have a 'Contact Us' form, add a little tick box that says: "I’d like to receive occasional updates and special offers via email." This gives you that 'Express Consent' we talked about. It’s bulletproof.2. Clean your list
If you have a database of people who haven't opened an email from you in two years, stop emailing them. They’ve moved on, and sending them stuff just costs you money and risks your reputation. Focus on the people who actually engage with you. This is the best way to get old customers buying without annoying the people who aren't interested anymore.3. Use the right tools
Stop sending BCC emails from your personal Outlook or Gmail account to 50 people at once. It looks unprofessional, it's a nightmare to manage unsubscribes, and it’s the easiest way to get your account locked. Use a proper tool built for small businesses. It handles the legal stuff for you.What’s a Waste of Money?
Don't let a 'marketing guru' convince you that you need a $5,000 legal audit of your email list. Unless you're sending 100,000 emails a week, you don't need it.
Also, avoid paying for 'lead lists' or 'email databases' of people in your area. They are almost always full of fake addresses or people who will report you for spam the second you hit send. It’s a total waste of cash. Spend that money on a local Facebook ad or a better sign for your ute instead.
How Long Until You See Results?
If you clean up your list and start following these rules today, you’ll see two things happen almost immediately: 1. Better Delivery: More of your emails will actually land in the inbox instead of the 'Promotions' or 'Junk' tab. 2. More Enquiries: When you only email people who want to hear from you, your 'open rates' go up. People start replying to your offers because they actually value what you have to say.
You should see a jump in engagement within the first 2-3 emails you send under the new 'clean' system.
Summary: Keep it Simple, Keep it Legal
Marketing your business shouldn't feel like walking through a minefield. At the end of the day, the Australian Spam Act is just about being a decent person.
Don't email people who didn't ask for it, tell them who you are, and let them leave if they want to.
Doing this doesn't just keep the regulators off your back; it makes you a better business owner. It ensures that when you
do* send an email, it’s going to someone who actually wants to give you money.Not sure if your emails are actually reaching your customers? At Local Marketing Group, we help Brisbane businesses get their digital marketing sorted so the phone actually rings. We don't do fluff—we do results.
Contact Local Marketing Group today and let’s get your emails working for you, not against you.