MR 5-2012 – 24 January
Nokia to appoint an independent consultant to audit its SMS systems and processes.
The Australian Communications and Media Authority (The ACMA) has accepted an enforceable undertaking, including correctional measures, from one of the world’s largest mobile phone manufacturers, Nokia Corporation.
The ACMA commenced an investigation into the Finnish company’s SMS marketing activity after complaints that customers could not work out how to unsubscribe from ‘tips’ sent by Nokia. In particular, the messages did not include details of how Nokia could be contacted, as required by the Spam Act 2003.
The investigation found that while a number of the ‘tips’ provided customers with factual information about their mobile phone handsets, some of them amounted to promotion of Nokia’s products and services, including mobile phone accessories, and that the messages therefore needed to include an unsubscribe facility.
‘SMS allows businesses to reach their customers no matter where they are or what they are doing,’ said ACMA Acting Chairman, Richard Bean. ‘But with that opportunity come responsibilities under the Spam Act, including the obligation to include an unsubscribe facility in marketing messages.’
In response to the ACMA’s investigation, Nokia Corporation has undertaken to:
appoint an independent consultant to audit its systems and processes
develop a plan to carry out the independent consultant’s recommendations
train its employees engaged in SMS marketing about complying with the requirements of the Spam Act
make a payment of $55,000.
In 2010-11, the ACMA recorded a 370% increase on the previous financial year in reports from the public about SMS messages believed to be spam.
‘Some businesses are still not getting SMS marketing right. The same rules apply to SMS marketing as for email marketing, and the same rules apply to all businesses, big and small,’ Mr Bean said.
If you receive an SMS message that you think may not comply with the Spam Act, you can report it to the ACMA’s Spam SMS service by forwarding the message to 0429 999 888.
For more information or to arrange an interview please contact: Emma Rossi, Media Manager, on (02) 9334 7719, 0434 652 063 firstname.lastname@example.org