Enacted in 2002, Thailand’s Direct Sales and Direct Marketing Act (B.E. 2545, DMA) explicitly classifies A2P marketing SMS as direct marketing activities. The Act requires all operators conducting direct sales (including A2P marketing SMS) to register with the Office of the Consumer Protection Board (OCPB) in Thailand prior to commencing operations. Violators face severe penalties such as revocation of business registration and a five-year ban on reapplying. The OCPB has launched a full-scale industry compliance review, requiring all licensed entities to submit annual business reports and audited financial statements.
Section 3 of the Act defines “direct marketing” as “providing information on goods or services directly to remote consumers via data communication methods to induce consumers to respond and make purchases”. Under this definition, commercial marketing activities via SMS/MMS clearly fall within the scope of “direct marketing” governed by this law. The statute also specifies that transactions conducted through commercial electronic means do not constitute direct sales; detailed criteria are stipulated in ministerial regulations.
Section 20 of the DMA stipulates that any entity engaging in direct marketing must complete registration with OCPB before operation commences. Applicants must be partnerships or companies and satisfy requirements including paid-up capital of no less than 10 million THB, no prior revocation of direct marketing registration within five years before application, and directors or management free from bankruptcy, incapacity or criminal convictions. Applicants must also deposit a security bond of no less than 500,000 THB with the registrar. OCPB serves as the primary enforcement agency, and its Secretary-General acts as the registrar, responsible for accepting registration applications, reviewing annual reports, conducting compliance inspections and imposing penalties.
Starting from September 2025, OCPB has rolled out comprehensive compliance reviews for licensed direct marketing enterprises. Core requirements include submission of audited financial statements and operational reports within 60 days after the end of the fiscal year (with a 30-day extension available upon application). Meanwhile, stricter background checks and document reviews are applied to new applications. OCPB also disseminates compliance obligations to enterprises through SMS, emails and seminars. Operating A2P marketing SMS services in Thailand requires dual compliance: pre-operation registration under DMA plus user consent and data protection obligations under PDPA.
