3 November 2010
Bunology pays $11,000 penalty for Spam Act infringement after using downloaded email list
Web design company Bunology has paid a penalty of $11,000 following an investigation by the Australian Communications and Media Authority into emails allegedly sent by the company in contravention of the Spam Act 2003.
The ACMA issued an infringement notice to Bunology after it admitted conducting an email marketing campaign using addresses it had downloaded from the internet.
‘Downloading an email list, from an unknown internet source, is asking for trouble as you almost certainly will not have consent to promote your business to the email addresses on the list,’ said ACMA Chairman, Chris Chapman.
Mr Chapman said that anyone who uses e-marketing to promote its products or services may be asked to provide evidence to show that they have consent to use the electronic addresses on their list. Organisations that use email addresses they have not collated themselves, should particularly consider whether they would be able to demonstrate consent.
‘Consent is key to the operation of the Spam Act. If you intend to promote your business by email, it is your responsibility to ensure that consent of the recipients has been obtained before sending the message—no matter where the email address came from.
‘It is in a company’s interest to be aware of their obligations under the Spam Act or they could face penalties for non-compliance.’
Complaints about spam can be made by calling the ACMA on 1300 855 180 or at www.spam.acma.gov.au. Spam SMS can be forwarded to the ACMA on 0429 999 888. Background material on regulation of spam is available at www.spam.acma.gov.au.
For more information or to arrange an interview please contact: Donald Robertson, Media Manager, on (02) 9334 7980, 0418 86 1766 or email@example.com.
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The ACMA is Australia’s regulator for broadcasting, the internet, radiocommunications and telecommunications. The ACMA’s strategic intent is to make communications and media work in Australia’s public interest. For more information: www.acma.gov.au.