Enforcement action archives | ACMA

Enforcement action archives

2010

  • December 2010—The Federal Court in Brisbane today imposed $2 million in penalties against Mr Scott Gregory Phillips in proceedings brought by the ACMA in relation to SMS spam. This penalty is in addition to $22.25 million imposed on seven other respondents last year, bringing the total amount of penalties in this matter to $24.25 million.
  • November 2010—The ACMA has today, 5 November, been successful in its action against Scott Gregory Phillips being liable for breaching the Spam Act 2003 in relation to SMS messages that targeted internet dating website users. Mr Phillips is the eighth and final respondent taken to court by the ACMA in relation to the premium mobile service known as Safedivert. The media release has more information. 
  • November 2010—Web design company Bunology has paid a penalty of $11,000 for alleged contraventions of the Spam Act after admitting using a downloaded email address list to send emails.
  • August 2010—The ACMA has accepted an enforceable undertaking from online electronic goods retailer Best Buy Australia Pty Ltd following an investigation into its compliance with the Spam Act. As part of the undertaking, the company has agreed to stop marketing electronically until it has processes in place that comply with the legislation.
  • June 2010—The ACMA has issued a formal warning to laptop computer retailer Notebooks R Us Solutions Pty Ltd, trading as Notebooks R Us, following an investigation that found the company in breach of the Spam Act 2003 for sending commercial electronic messages without consent of the recipients.
  • March 2010—The ACMA has accepted an enforceable undertaking offered by Virgin Mobile (Australia) Pty Ltd, following an investigation into alleged breaches of the Spam Act. The ACMA's investigation related to an email sent to Virgin Mobile customers who had 'opted out' of receiving marketing messages from the company and promoting the benefits of 'opting in'.
  • February 2010—The ACMA accepted an enforceable undertaking from Funmobile Australia Pty Limited, a premium SMS supplier, following an investigation into allegations that it had sent SMS messages in breach of the Spam Act. As part of the enforceable undertaking, Funmobile agreed to implement training, complaint handling and quality assurance programs. Funmobile also undertook to pay a financial component of $55,000.
  • February 2010—The ACMA has accepted an enforceable undertaking offered by Commonwealth Securities Limited (CommSec), following complaints that commercial electronic messages continued to be sent to customers after consent had been withdrawn.
  • January 2010—The ACMA has issued a formal warning to Danielou Pty Ltd, trading as Elders Real Estate Wollongong, following an investigation that found the real estate agency breached the Spam Act 2003 by sending commercial electronic messages without an unsubscribe facility.

2009

  • December 2009—The ACMA has been granted declarations and injunctions at the Federal Court in Brisbane under the Spam Act 2003 against Lance Thomas Atkinson. A penalty of $210,000 was also imposed. 
  • December 2009—On 16 December, the Federal Court in Brisbane imposed $6.5 million dollars in penalties against two further respondents in proceedings brought by the Australian Communications and Media Authority against SMS spammers. These penalties are in addition to the $15.75 million imposed on five other respondents on 23 October this year and bring the total amount of penalties in this matter to $22.25 million to date.
  • November 2009—The ACMA has accepted enforceable undertakings from three companies-Vodafone Hutchison Australia Pty Limited (VHA), New Dialogue Pty Ltd (New Dialogue), Big Mobile Pty Ltd (Big Mobile)-and issued a formal warning to Coca-Cola South Pacific Pty Ltd (CCSP) after investigating alleged breaches of the Spam Act 2003 arising from a marketing campaign that promoted certain Coca-Cola products through SMS.
  • October 2009—In a landmark decision today (23 October), the Federal Court in Brisbane imposed a total of $15.75 million in penalties for contraventions of the Spam Act 2003, following the Australian Communications and Media Authority's first court action taken against unsolicited SMS messages.
  • August 2009—The ACMA has accepted an enforceable undertaking offered by MYOB Australia E1 Pty Ltd., following an investigation that found a division of the company was sending commercial electronic messages, in the form of emails, to people who had previously requested to be unsubscribed from its mailing list.
  • August 2009—The ACMA has been successful in obtaining injunctions and declarations against a number of parties involved in the ACMA's first SMS spam case before the Federal Court. The matter relates to the sending of unsolicited commercial SMS messages. Justice Logan gave default judgment on 14 August, against five respondents, Mobilegate Ltd, Winning Bid Pty Ltd, Mr Simon Anthony Owen, Mr Tarek Andreas Salcedo and Mr Glenn Christopher Maughan, concerning breaches of the Spam Act 2003
  • May 2009—The Federal Court of Australia has granted interlocutory orders in relation to ACMA's proceedings against Mobilegate Ltd, Winning Bid Pty Ltd, Jobspy Pty Ltd and individuals associated with those companies for allegedly breaching the Spam Act 2003 by sending unsolicited SMS.
  • January 2009—ACMA issued two infringement notices to the value of $110,000 to Optus Networks Pty Ltd for allegedly sending electronic messages without accurate sender identification, in contravention of the Spam Act 2003. The messages promoted the OptusZoo entertainment service to Optus customer mobile phones with the sender identification '966'.
  • January 2009—ACMA commenced Federal Court proceedings against Mobilegate Limited, Winning Bid Pty Ltd, Jobspy Pty Ltd and individuals associated with these companies for allegedly sending SMS spam. ACMA also alleges that misleading or deceptive representations were made to members of dating websites in contravention of the Trade Practices Act 1974.

2008

  • December 2008—ACMA accepted an enforceable undertaking from Sydney-based content provider EMX Pty Ltd after alleging that a significant number of commercial electronic messages sent by EMX did not contain clear and accurate sender identification, as required by the Spam Act 2003
  • December 2008—ACMA accepted an enforceable undertaking from Oxygen8 Communications under the Spam Act 2003 after investigating complaints that commercial electronic messages in the form of SMS were sent by content providers using Oxygen8 Communications' technology platforms. 
  • December 2008—ACMA issued a formal warning to PR Media Group for alleged breaches of the Spam Act 2003. The alleged breaches were in relation to the sending of commercial electronic messages by SMS without the consent of the recipient, clear and accurate sender identification and a functional unsubscribe facility. 
  • November 2008—ACMA issued a formal warning to Hyarchis Company Ltd for alleged breaches of the Spam Act 2003. The alleged breaches were in relation to the sending of commercial electronic messages by SMS, without the consent of the recipient. 
  • November 2008—ACMA issued a formal warning to The Ad Company for alleged breaches of the Spam Act 2003 as a result of sending commercial electronic messages by email without the consent of the recipient. It is also alleged that a quantity of the messages did not have an unsubscribe link or information on how to unsubscribe within the messages.
  • August 2008—ACMA issued an infringement notice to mBlox Pty Ltd, a multinational company headquartered in the United States, for alleged contraventions of the Spam Act 2003. mBlox has committed to work with ACMA to ensure its e-marketing customers are complying with the Spam Act and has paid the $11,000 penalty.
  • August 2008—Best Buy Australia issued an infringement notice for $4,400 for allegedly breaching the Spam Act 2003 by sending commercial electronic messages without the consent of the recipient. In particular, customers received emails from Best Buy Australia, including after they had requested to be removed from its mailing lists.

2007

  • July 2007—DC Marketing was issued with a $149,600 penalty for 'missed call' marketing. Missed call marketing involves the sending of short duration calls to mobile phones, thereby leaving a 'missed call' message on the phone. When the mobile phone owner returned the missed call, they received marketing information from DC Marketing. ACMA penalised DC Marketing for 102 contraventions of the Spam Act 2003 relating to missed call marketing activities in July and August 2006. 
  • June 2007—The ACMA fined the Pitch Entertainment Group (Pitch) $11,000 for extensive breaches of the Spam Act. ACMA found that the Pitch Entertainment Group, which trades as Splash Mobile in Australia, sent over one million commercial electronic messages to mobile phones without a functional unsubscribe facility. Pitch and its directors have also entered into an enforceable undertaking that requires future compliance with the Spam Act and contains stringent compliance reporting and staff education obligations.
  • June 2007—ACMA fined International Machinery Parts Pty Ltd (IMP Mobile) $4,400 for breaches of the Spam Act. IMP Mobile also failed to provide a functional unsubscribe facility when sending messages to mobile phones. 

2006

  • 27 October 2006—In the Federal Court in Perth today, Justice Nicholson awarded a pecuniary penalty of $4.5 million against Clarity1 Pty Ltd and $1 million against its managing director, Mr Wayne Mansfield, for contravening the Spam Act 2003 (Spam Act). ACMA submitted to the Federal Court that Clarity1 Pty Ltd and Mr Wayne Mansfield sent out at least 231 million commercial emails in twelve months after the Spam Act commenced in April 2004, with most of these messages unsolicited and in breach of the Act. On 13 April 2006, Justice Nicholson found that both Clarity1 and Mr Mansfield were in breach of the Act for both sending unsolicited commercial electronic messages, and for using harvested address lists.  

Last updated: 06 October 2016