ACMA obtains first Do Not Call Register court penalty against telemarketer | ACMA

ACMA obtains first Do Not Call Register court penalty against telemarketer

ACMA media release 58/2011 – 16 June 

The Federal Court has found that FHT Travel Pty Limited (FHT Travel) and its sole director Yvonne Earnshaw breached the Do Not Call Register Act 2006 by making, or causing to be made, more than 12,000 marketing calls to people who had placed their telephone numbers on the Do Not Call Register.

The Court ordered FHT Travel to pay a civil penalty of $120,000 and granted injunctions restraining both FHT Travel and Ms Earnshaw from making certain telemarketing calls, without first notifying the ACMA, for a period of five years.

'This case and the penalty imposed should remind telemarketers of the serious consequences of breaching the Do Not Call Register Act,' said ACMA Chairman, Chris Chapman. 'Telemarketers must respect the choice of people who have opted out of receiving their calls.'

The Do Not Call Register Act generally prohibits the calling of registered numbers for marketing purposes. Since the Do Not Call Register commenced in May 2007, the ACMA's investigations have resulted in payment of nine infringement notices to the value of $438,300. In addition, 18 undertakings, enforceable in the Federal Court, have been accepted, and the ACMA has issued 10 formal warnings.

People can opt out of unsolicited telemarketing calls and marketing faxes by calling 1300 792 958 or by visiting www.donotcall.gov.au. Complaints about telemarketing calls and marketing faxes can be made the same way.

For more information or to arrange an interview please contact: Emma Rossi, Media Manager, on (02) 9334 7719, 0434 652 063 or media@acma.gov.au.

Last updated: 18 December 2012