21,600 reasons why oneofthebest.com was not the best at e-marketing | ACMA

21,600 reasons why oneofthebest.com was not the best at e-marketing

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J & L Mainwaring Pty Limited, which used the internet domain oneofthebest.com, has paid a $21,600 infringement notice for breaches of the Spam Act 2003.

An Australian Communications and Media Authority investigation found that J & L Mainwaring had sent marketing emails on behalf of other businesses but was unable to show that the recipients consented to receive the messages. The company also failed to include the name and contact details of the business that authorised the sending of the message.

‘Businesses must remember that both parties—the sender and the authoriser of the message—are responsible for ensuring the messages are compliant with the Spam Act,’ said ACMA’s acting Chairman, Richard Bean.

‘The Spam Act requires that all messages must clearly and accurately display the name and contact details of the authoriser of the message,’ Richard Bean added. ‘This is important, as it allows a consumer to contact the business whose products or services are being advertised, not just the person engaged to send the message.’

If you receive a marketing email that you think may not comply with the Spam Act, you can report it to the ACMA by forwarding the message to report@submit.spam.acma.gov.au. You can also forward SMS spam to the Spam SMS service on 0429 999 888.

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

Media release 25/2016 - 31 May

Backgrounder

The Spam Act 2003 regulates unsolicited commercial electronic messages in Australia. Commercial electronic messages can be emails, SMS messages, MMS messages, instant messaging messages or any other similar message that includes a marketing/commercial element.

The Spam Act provides that commercial electronic messages must not be sent without the following:

  • Consent - they must be sent with the recipient's consent. Recipients may give express consent, or consent may be inferred from their conduct and 'existing business or other relationships'
  • Identification - they must contain clear and accurate information about the person or organisation that authorised the sending of the message
  • Unsubscribe - they must contain a functional 'unsubscribe' facility to allow the recipient to opt out from receiving messages from that source in the future.

If a person breaches the Spam Act, the ACMA has a range of enforcement options open to it. The ACMA adopts a graduated approach to compliance and enforcement and determines enforcement outcomes on a case-by-case basis.
Formal warnings are used by the ACMA to indicate concerns about contraventions, and allow for the business or individual to take compliance action to prevent any future contraventions.

Enforceable undertakings can be offered to the ACMA at any time, and if accepted, provide the opportunity for a business or individual to formalise its commitment to compliance with the Spam Act. These undertakings are enforceable by the Federal Court.

The ACMA may also give an infringement notice for contraventions committed in relation to particular civil penalty provisions.

In addition, the ACMA may institute proceedings in the Federal Court, including seeking an injunction. The legislation sets out penalties of up to $1.7 million a day for repeat corporate offenders.



Last updated: 31 May 2016