The Australian Communications and Media Authority has filed proceedings in the Federal Court against travel agent Getaway Escapes Pty Ltd and its director, Ms Joanne Day, alleging numerous breaches of the Do Not Call Register Act and the Telemarketing and Research Industry Standard.
This is the first time the ACMA has taken Federal Court action for alleged contraventions of the Industry Standard.
The ACMA is alleging that Getaway Escapes made telemarketing calls to numbers on the register after Ms Day failed to ensure that telephone lists were properly checked against the Register on some occasions.
The ACMA is also alleging that Getaway Escapes made telemarketing calls with caller ID—which enables call recipients to see the number of the caller—switched off, in breach of the Industry Standard.
Further information about the ACMA’s approach to enforcement actions and penalties in relation to the Do Not Call Register is available on the ACMA website.
For more information see Backgrounder below or call Emma Rossi on (02) 9334 7719, 0434 652 063 or email@example.com.
Media release 17/2016 - 4 April
The Do Not Call Register is established under the Do Not Call Register Act 2006. Australians can enter their fixed line or mobile telephone numbers on the register, provided those numbers are used primarily for private or domestic purposes. Any number used exclusively as a fax number can also be registered.
It is illegal for most unsolicited telemarketing calls or marketing faxes to be made to numbers on the register. Telemarketers and fax marketers have 30 days from the date a number is registered to check their call lists and stop contacting that number.
Marketing calls from charities, educational institutions and registered political parties are permitted, as are research calls and calls from businesses with which the recipient has an established ongoing relationship.
The Industry Standard sets rules about the conduct of telemarketing calls, including limiting the hours that calls can be made, requiring callers to enable caller ID, and requiring callers to terminate calls upon request.
These rules apply to telemarketing and research calls from businesses, as well as charities, educational institutions and registered political parties.
The ACMA is responsible for promoting compliance with and enforcing the Do Not Call Register Act and the Industry Standard.
The Federal Court can impose penalties for contraventions of the Do Not Call Register Act of up to $360,000 per day for corporate offenders, and up to $72,000 per day for individuals. The Court can also penalise bodies corporate $250,000, and individuals a maximum of $50,000, for each contravention of the Industry Standard. In addition, the ACMA may seek injunctions from the Federal Court.