Nightclub promoter commits to fix its SMS marketing | ACMA

Nightclub promoter commits to fix its SMS marketing

ACMA media release 126/2011 – 30 November

The Australian Communications and Media Authority has accepted an enforceable undertaking from nightclub promoter, Urban Agent, to comply with provisions of the Spam Act 2003.

The ACMA investigated Urban Agent for possible breaches of the Spam Act including sending promotional SMS messages that did not identify the sender or indicate how to opt out of receiving further messages.

Urban Agent has undertaken to:

  • pay an amount of $4500
  • audit its SMS marketing practices
  • train its employees engaged in SMS marketing about meeting the requirements of the Spam Act
  • provide quarterly compliance reports to the ACMA for a period of 2 years.

A copy of the enforceable undertaking provided by Urban Agent is available on the ACMA's website.

The ACMA regularly receives complaints about marketing messages that do not adequately identify the sender of a message or how they can be contacted. It makes good business sense when using e-marketing to promote your wares, to be clear on who you are and how potential customers can contact you. Failing to do this not only makes it difficult for potential customers to contact you, but also means that you may not be complying with your Spam Act obligations.

The ACMA's most recent e-marketing blog deals with the importance of providing clear and accurate sender identification. It provides examples from real complaints received by the ACMA and tips for businesses that want to maximise the effectiveness of their e-marketing.

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: 22 November 2013