Telco warned for Do Not Call breaches | ACMA

Telco warned for Do Not Call breaches

The Australian Communications and Media Authority has issued a formal warning to Telco Service Holdings Pty Ltd following an investigation into telemarketing calls made to numbers on the Do Not Call Register.

The investigation found Telco Service Holdings Pty Ltd, known as Sure Telecom Pty Ltd until 28 January 2014, engaged call centres to make telemarketing calls promoting its telecommunications products and services. Twenty five of these calls were made to numbers listed on the Register over a six-week period extending over August to October 2013.

Under the Do Not Call legislation, businesses are responsible for telemarketing calls made by outsourced call centres, so it’s important to have a high level of oversight of the activities of contracted third parties.

Members of the public can join the Do Not Call Register and opt out of receiving unsolicited telemarketing calls and marketing faxes by calling 1300 792 958 or visiting www.donotcall.gov.au. Complaints about telemarketing calls and marketing faxes can be made the same way.

For more information see backgrounder below or to arrange an interview, please contact: Blake Murdoch, on (02) 9334 7817, 0434 567 391 or media@acma.gov.au.

Media release 40/2014 - 24 July

BACKGROUNDER

Under the Do Not Call Register Act Australians can enter their fixed line or mobile telephone numbers on the Register, provided those numbers are used primarily for private or domestic purposes (for example, calls to family and friends). Any number used exclusively as a fax number can also be registered.

Entering a number on the Register means that the number is opted out of receiving a wide range of unsolicited telemarketing calls and marketing faxes. Telemarketers and fax marketers have 30 days from the date a number is registered to check their call lists and stop contacting that number to avoid contravening the legislation. Registrations are valid for eight years, and can be re-registered or removed from the Register at any time.

People who register their number may still receive telemarketing calls from businesses that they have an existing relationship with. If people do not wish to receive calls from a business they have an existing relationship with, they should notify the business of this (preferably in writing). Any further calls they receive from the business may then be in contravention of the Act.

It is unlawful, in the absence of consent, for any telemarketer in Australia or overseas to make a non-exempt telemarketing call to a number on the Register. The ACMA is responsible for overseeing the Register’s operation and for investigating breaches of the Do Not Call Register legislation, including the Act and the Telemarketing and Research Calls Industry Standard 2007.

The ACMA’s general approach to enforcing compliance with the Act is to seek to resolve a matter, where appropriate, without resorting to formal procedures. Where complaints are received, the ACMA generally writes to the relevant business, providing it with an opportunity to review its compliance processes and address any issues.

Where an informal approach to enforcement has not been effective in addressing apparent compliance issues, the ACMA may undertake a formal investigation into the matter. There are a number of enforcement options available to the ACMA, which include:

>      issuing a formal warning

>      accepting enforceable undertakings

>      giving an infringement notice, which specifies a financial penalty

>      commencing proceedings in the Federal Court.

 

Making communications and media work in Australia’s public interest. acma.gov.au

Last updated: 23 July 2014