What does the UEMA mean for SMS and email sent by AI agents?

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Short answer

New Zealand's Unsolicited Electronic Messages Act 2007 (UEMA) applies to texts and email an AI agent sends exactly as if a person sent them, and the person or business the agent acts for is treated as authorising every message (s 17). It bans unsolicited commercial messages with a New Zealand link (s 9), but messages such as confirming a booking the person made or a quote they asked for aren't commercial (s 6(b)). Any commercial message needs consent, accurate sender details and a working unsubscribe.

Common agent messages under the Act

This is a summary, not legal advice.

What the agent sendsCommercial under s 6?What applies
Confirms a booking or order the person madeNo, s 6(b)(ii)Fine to send
A quote or estimate the person asked forNo, s 6(b)(i)Fine to send
Factual information about their account or subscription with youNo, s 6(b)(iv)Fine to send
A reply that only answers the person's questionNot if it doesn't market or promote anythingFine to send
A reply or follow-up that promotes a product, sale or offerYes, s 6(a)Needs consent (s 9), sender details (s 10) and an unsubscribe (s 11)
A cold message to someone who hasn't dealt with youYes, if it markets anythingBanned without consent (s 9)

The Department of Internal Affairs says a single message can count as spam, and that a link to a company web page in an otherwise non-commercial email's signature can make it a commercial message.

The rules for commercial messages

  • Consent (s 4, s 9). Express, inferred from your relationship and conduct, or deemed for a conspicuously published business address when the message relates to that person's role. The sender has to prove consent (s 9(3)).
  • Sender details (s 10). Clearly say who authorised the message and how to contact them, with contact details valid for at least 30 days.
  • Unsubscribe (s 11). Free, working, clear, usable by replying the same way the message was sent, and valid for at least 30 days. An unsubscribe takes effect 5 working days after it's used (s 9(2)).
  • Penalties (s 45). Courts can order pecuniary penalties of up to $200,000 for an individual and $500,000 for an organisation. The Department of Internal Affairs enforces the Act, and anyone can report spam texts free by forwarding them to 7726.

The Act covers text and email but not ordinary voice calls or calls with a recorded or synthetic voice (Schedule).

How Agentline NZ fits

Transactional and assistant messages only: replies, bookings, confirmations, reminders people asked for, and codes. Marketing, promotions, cold texts and bulk texts are blocked. Agentline NZ also opts out anyone who texts STOP. Under Agentline NZ's terms you're the sender of every message your agent sends, including email, so tell your agent what it may and may not send. See What we don't allow.

FAQ

Does the UEMA apply if an AI wrote and sent the message?

Yes. The Act is about the message, not who or what typed it. Under s 17, if a message is sent on your behalf, you're treated as authorising it.

Does the UEMA apply to emails my agent sends?

Yes. It covers email, text and other electronic messages to an electronic address (s 4, s 5). The same rules on commercial messages, consent, sender details and unsubscribe apply.

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