Justice Logan found that Mr Phillips had
been involved in the Safedivert scheme which utilised false dating profiles
posing as people seeking legitimate relationships. These profiles would then
contact other dating site members, requesting their mobile phone numbers under
the guise of wishing to meet in person. Shortly after supplying these details
the recipients would receive an SMS inviting them to use a secure SMS chat
gateway at a cost of $5 per message.
Mr Phillips was found to have been involved with other persons in the
establishment and running of the Safedivert service, which resulted in
Australians paying millions of dollars to the elaborate scheme.
In 2009, the ACMA obtained orders and injunctions against four other
Brisbane men as well as three companies, one of them based in Hong Kong, for
their part in the scheme. To date, the penalties against these seven other
respondents total $22.25 million.
The penalty hearing for this matter is set down for 1 December 2010.
Complaints about spam can be made by calling the ACMA on 1300 855 180 or at
www.spam.acma.gov.au. Spam SMS can be forwarded to the ACMA on 0429 999
888. Background material on regulation of spam is available at www.spam.acma.gov.au