Telco fined $504,000 for spamming Aussies

Optus has paid a $504,000 infringement notice after an Australian Communications and Media Authority (ACMA) investigation found significant breaches of spam laws. This is the second largest infringement notice ever paid to ACMA.

The ACMA investigation found that between 1 June and 4 December 2018 Optus sent SMS and email marketing messages to consumers after they had unsubscribed.

ACMA also found Optus sent commercial emails in the form of billing notices that did not include an unsubscribe facility.

ACMA Chair Nerida O’Loughlin said large e-marketers need to listen to consumers and respect their choice when they unsubscribe.

“This is the second largest infringement notice that has ever been paid to ACMA, and the largest paid for spamming,” Ms O’Loughlin said.

“It reflects the seriousness of breaches made by Optus and its failure to honour its customers’ wishes to unsubscribe, in some cases on multiple occasions.

“Australians find spam infuriating and as a regulator it is something we are actively cracking down on.”

ACMA has accepted a court enforceable undertaking from Optus to help ensure its future compliance with the Spam Act. Specifically, Optus has committed to appoint an independent consultant to review its systems, policies and procedures for compliance with spam rules.

“The undertaking should significantly reduce the risk of ongoing non-compliance, however ACMA will be actively monitoring Optus’ compliance with its commitments,” Ms O’Loughlin said.

“If they are not met, ACMA will consider court action.”

Optus has also undertaken to report to ACMA about all identified non-compliance for the term of the undertaking.

Over the last 18 months, businesses have paid a total of $1,127,700 in infringement notices to ACMA for breaking spam and telemarketing laws.

Are you happy that ACMA is cracking down on spam emails?

7 comments

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Seeing that The Spam Act 2003 (Cth)  governs email marketing in Australia

... why are they only cracking down on it only now ???

 

All the Telcos know exactly where and how the Indian and other countries phone based scammers are using their networks to try and fleece us.

Even the ones with forged caller ID codes to show local calls.

I am a retired communications engineer so I know how it is done and how it can be prevented

Yet the the telcos studiously take no action to block them.  I wonder why?

 

 

 

"Over the last 18 months, businesses have paid a total of $1,127,700 in infringement notices to ACMA for breaking spam and telemarketing laws."

 

And therin lies the problem. These fines are nothing more than the cost of doing business. Optus alone has only been fined half this amount! Until the penalties are actually penalties with serious consequences attached, these fines are nothing more than a mild irritation, on the front page today, wrapped round your chips tomorrow and forgotten altogether the day after that.

pay the fine and then they get it back from the consumer!

pay the fine and then they get it back from the consumer!

Until they get real fines and penalty's it's all just a game .Why the hell are we employing organisations to police these law breakers with batons made from feather dusters.  ACCC is just the same money for nothing . just jobs for more goverment lackeys who cant make it in the real world.just another rort by your own mob of elected Robber barons .

The government has known for years that RoboDebt was illegal, in other words a scam.  They won't police them selves, how can we expect them to come down on others doing the same thing?

We have put the rats i n charge of the cheese wharehouse and are now complaining that the cheese is running out.  Who is to blame, we are of course, we prefer three word slogans to facts and logic.

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