Consent, Opt-Outs and the Do Not Call Register

A landscaper fills in your quote form at 9pm on a Sunday. Monday morning you fire off a follow-up text, then a quote email, then a reminder three days later. Somewhere in that sequence you wonder: am I allowed to do this? The short answer is yes \u2014 but only if you get consent, opt-outs and the Do Not Call Register right first.

Get them wrong and the Australian Communications and Media Authority (ACMA) can act on complaints about your messages. Get them right once, build it into your follow-up, and you never think about it again.

Key takeaways

• Inferred consent covers replying to someone who enquired \u2014 no signed form needed for that first follow-up.
• Every marketing message needs a working unsubscribe; email opt-outs must be actioned within 5 business days.
• The Do Not Call Register blocks unsolicited telemarketing, not calls to a person who just asked you to ring them.
• Keep the record \u2014 the form entry, timestamp and consent wording \u2014 so you can prove consent if a complaint lands.

When does an enquiry count as consent?

An enquiry gives you inferred consent to contact that person about the thing they asked about. Consent can be express (they ticked a box or said yes) or inferred from their conduct and your existing relationship, per ACMA's guidance on consent for marketing messages. Someone who submits your booking form has handed you their number for a reason.

That means your first follow-up is fine. You're answering the enquiry, not cold-pitching a stranger.

The line matters here. Inferred consent covers the topic they raised \u2014 a plumbing quote, a haircut booking, a gym trial. It doesn't hand you a licence to blast that number with unrelated promos for the next two years.

Pro tip: put a short consent line under your form \u2014 "We'll text and email you about your enquiry." That turns fuzzy inferred consent into something closer to express, and it's one sentence of copy.

What does a compliant opt-out look like?

Every marketing SMS and email needs a functional, no-cost unsubscribe, and you must action email opt-outs within 5 business days. That's the rule ACMA sets out for sending marketing emails, SMS and faxes. No hoops, no "reply to confirm you really want out."

On email, that's an unsubscribe link in the footer. On SMS, it's a reply keyword \u2014 usually STOP.

Here's the catch: the opt-out has to actually work. A dead link or a STOP that keeps texting is the fast track to a complaint. The message must also make clear who's sending it and how to reach you.

A quick vignette. A barber runs a rebooking text campaign, a client replies STOP, and the next fortnight's reminder still lands. That client screenshots it and complains \u2014 and now you're explaining a broken opt-out instead of cutting hair. Automated opt-out handling stops that at the source.

Does the Do Not Call Register stop you ringing a lead?

No. The Do Not Call Register stops unsolicited telemarketing calls, not calls to someone who asked you to ring them. It's a free service where people register their number to cut nuisance telemarketing, as ACMA explains for the Do Not Call Register. Consent overrides a listed number.

So when a lead enquires and leaves a mobile, you can call them back about that enquiry even if their number sits on the register. They invited the contact.

Where the register bites is genuine cold outreach. If you're buying lists or ringing numbers that never contacted you, you need to wash those against the register first. For your inbound follow-up \u2014 the 60-second speed-to-lead callback \u2014 you're clear.

Sidenote: "unsolicited" is the whole game. The moment someone enquires, the call isn't unsolicited anymore.

What records prove consent later?

Keep the form submission, the timestamp, the consent wording shown, and the opt-out history. If a complaint lands months later, that record is your defence \u2014 it shows what the person agreed to and when. Memory won't cut it; the log will.

Most trades get this wrong by running follow-up from a personal phone and a mailbox with no trail. When something's queried, there's nothing to show.

Here's what we'd do. Capture consent at the form, stamp it, store it against the contact, and log every send and every opt-out automatically. Then a sequence like the ones in our 90-day nurture plan runs without you babysitting the paperwork.

The checklist before you switch a sequence on

Run these five before any automated follow-up goes live:

1. Consent captured \u2014 the form has a line saying you'll text and email about the enquiry.
2. Sender identified \u2014 every message names your business and a contact method.
3. Opt-out present \u2014 STOP on SMS, unsubscribe link on email, both tested.
4. Opt-outs honoured \u2014 a STOP or unsubscribe pulls them from every active sequence, within 5 business days for email.
5. Records kept \u2014 consent timestamp and opt-out history stored against the contact.

Tick all five and you can automate follow-up the same way the pros do it in these five follow-up workflows, without the compliance worry.

How IgniteOS does this for you

IgniteOS builds consent, opt-outs and record-keeping into follow-up so you don't wire it up by hand. Capture consent on the form, and every reply and opt-out is logged against the contact automatically.

• Automations run your SMS and email sequences and pull anyone who opts out from every active flow.
• The unified inbox keeps the STOP replies, unsubscribes and consent trail in one place, timestamped, so you can prove consent if a complaint lands.

Want the follow-up handled end to end? See how IgniteOS automates follow-up, or check what a typical replaced tool stack costs before you decide. When you're ready, the 14-day free trial is $0 until day 14 and includes free migration. Your fastest win: add the consent line to your form today, then switch on one compliant sequence.

This is general information, not legal advice. Check the current ACMA rules for your situation.

Frequently asked questions

Can I text someone who filled in my enquiry form?

Yes. When someone submits your form and leaves their number, that's inferred consent to contact them about the thing they asked about, per ACMA's marketing message rules. Your first follow-up text or email is fine. Keep it to their enquiry, include a way to opt out, and log the consent against the contact so you can prove it later.

Does the Do Not Call Register stop me calling a lead?

No. The Do Not Call Register blocks unsolicited telemarketing calls, not calls to someone who asked you to ring them. If a lead enquires and leaves a mobile, you can call them back about that enquiry even if their number is registered. Consent overrides a listed number. The register only bites on genuine cold outreach to people who never contacted you.

How quickly do I have to action an unsubscribe?

You must action email and SMS opt-out requests within 5 business days, under ACMA's rules for marketing messages. In practice, do it instantly. IgniteOS automates opt-out handling so a STOP reply or unsubscribe click pulls the contact from every active sequence straight away, no manual list-scrubbing and no risk of a message slipping through.

What records should I keep to prove consent?

Keep the form submission, the timestamp, the exact consent wording shown, and the full opt-out history against each contact. If a complaint reaches ACMA months later, that record shows what the person agreed to and when. Running follow-up from a personal phone leaves no trail \u2014 a system that logs every send and opt-out automatically is your defence.