Media release 1/2011 - 12 January
The Australian Communications and Media Authority has accepted an
enforceable undertaking from Virgin Blue Airlines following an investigation
into complaints alleging that the company continued to send commercial emails
despite recipients' multiple attempts to unsubscribe from its mailing list.
The enforceable undertaking commits Virgin Blue to a thorough overhaul and
independent assessment of its email marketing practices. Virgin Blue has also
made payment of $110,000 as part of the undertaking.
During the investigation, Virgin Blue acknowledged that it had experienced
problems with its email marketing systems, which led to some previously
unsubscribed consumers continuing to receive emails.
'Businesses which market by email need to regularly test that the
unsubscribe function in their messages is working properly,' said ACMA
Chairman, Chris Chapman. 'The Spam Act requires that a request from a consumer
to be unsubscribed from commercial emails must be addressed. No further
commercial electronic messages are allowed to be sent to the consumer five
working days after an unsubscribe request is made.'
To achieve better compliance with this obligation, Virgin Blue will engage
an independent third party to thoroughly assess its email marketing processes
and to implement any recommended changes. It will also provide training to
relevant employees, establish a complaints handling policy, and audit 10 per
cent of its email marketing campaigns monthly for a year.
undertaking provided by Virgin Blue is available on the ACMA's website.
Complaints about spam can be made at www.spam.acma.gov.au or by calling 1300
For more information or to arrange an interview please contact: Blake
Murdoch, Acting Media Manager, on (02) 9334 7817, 0411 50 4687 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