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.
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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 ???