The Australian Communications and Media Authority today announced it has accepted an enforceable undertaking from Club Retail Pty Ltd. The undertaking follows an investigation that found the online retailer had sent marketing emails without consent, in breach of the Spam Act.
The undertaking requires Club Retail to establish a ‘double opt-in’ process for new subscribers. Double opt-in involves new subscribers being added to a marketing list only after they have responded to a confirmation message. This tool for businesses provides assurance that the owner of a particular email address or telephone number has provided consent to receive marketing messages.
The ACMA’s latest e-marketing blog—‘Dancing the two-step at the e-marketing ball’—discusses the concept of a double opt-in and how its implementation can be beneficial for e-marketers. You can sign up for the blog here.
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 email@example.com. You can forward SMS spam to the Spam SMS service on 0429 999 888.
For more details or to arrange an interview, please contact: Emma Rossi, Media Manager, (02) 9334 7719 and 0434 652 063 or firstname.lastname@example.org.
Media release 26/2015 - 28 May
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 sets out 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
- Identify - 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.
The Spam Act provides a range of enforcement options and the ACMA determines an appropriate action 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. 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.