Formal warning to Apus Corporation for Spam Act breaches | ACMA

Formal warning to Apus Corporation for Spam Act breaches

ACMA media release 104/2011 – 28 September

The Australian Communications and Media Authority has given a formal warning to online retailer Apus Corporation (Apus) for sending marketing emails without the consent of the person receiving them.

Under the Spam Act, marketing messages may not be sent without the consent of the recipient and must include a way for recipients to request to be unsubscribed from receiving further messages. Unsubscribe requests must be actioned within five business days.

In this case, Apus continued to send marketing emails despite a request to unsubscribe from receiving Apus' promotional newsletters.

The ACMA commonly receives complaints from the public about requests to unsubscribe from marketing emails that are ignored. In many cases, frustrated consumers make multiple attempts to stop receiving marketing messages, which arguably has an increasingly negative impact on the company's brand and the possibility of a transaction.

The ACMA's most recent e-marketing blog deals with the importance of effective unsubscribe facilities. It provides examples from real complaints received by the ACMA and tips for businesses that want to make sure their unsubscribe facility is working correctly.

The e-marketing blog is a key part of the ACMA's campaign-'Successful e-marketing…it's about reputation'- which highlights that e-marketing to recipients who do not want to receive your emails is not a successful business strategy.

To sign up for the blog and to get further information about 'Successful e-marketing…it's about reputation,' go to

Email spam can be forwarded to the ACMA's spam intelligence database at, and SMS spam can be forwarded to the ACMA's Spam SMS service on 0429 999 888.

For more information or to arrange an interview please contact: Blake Murdoch, on (02) 9334 7817, 0411 504 687 or

    Last updated: 15 April 2016