Information about unsubscribing

(July 2019)

The Department of Internal Affairs is aware of recent concerns regarding the functionality of unsubscribe facilities located in text messages. Useful guidelines have been developed for consumers and marketers to better understand Unsubscribe requirements:

For consumers

What to expect when using an unsubscribe facility

The Unsolicited Electronic Messages Act 2007 sets clear expectations for what makes an unsubscribe facility functional, and compliant.

As a consumer, you have the right to unsubscribe from commercial electronic messages you have previously consented to receiving. Generally, this is a smooth process to follow. Occasionally however, issues occur when the unsubscribe facility does not appear to be functional. You can complain to the Electronic Messaging Compliance Unit (EMCU) if:

  • The message does not contain an unsubscribe facility that you can readily use;
  • The unsubscribe facility is present, but not expressed in a clear and conspicuous manner;
  • There is no ability for you to respond to the sender requesting to be unsubscribed, using the same method of communication that was used to send you the message initially;
  • There is a cost associated with using the unsubscribe facility (typically occurs when unsubscribing from text messages);
  • You use the unsubscribe facility, but continue to receive electronic messages from the sender 5 working days after attempting to unsubscribe;
  • Within 30 days of receiving the message you attempt to unsubscribe but find the unsubscribe facility to be no longer valid.

Should you experience any of these issues or have any other questions or concerns about an electronic message you have received, please feel free to reach out. There are a number of ways you can contact us. You may wish to lodge a complaint via our webpage - www.reportspam.co.nz -  or by forwarding the commercial text message in question, free of charge, to 7726. Alternatively, you can reach the team via our email address, info@antispam.govt.nz.

For businesses