1 May 2019
Brand Link Media Pty Ltd has paid a $12,600 infringement notice to the Australian Communications and Media Authority (ACMA) for sending marketing emails without the consent of consumers. The ACMA has also accepted a court enforceable undertaking from the company detailing its commitments to improve compliance with the Spam Act.
‘Consumers are frustrated with marketing messages they have not consented to receive,’ said ACMA Chair Nerida O’Loughlin.
‘We are particularly concerned about e-marketing that involves financial services. The ACMA has been looking closely at these types of businesses,’ added Ms O’Loughlin.
The ACMA’s investigation found that Brand Link Media, a company that operates several websites offering short-term business loans, was unable to prove it had consent to send marketing messages to consumers, partly due to poor record keeping practices.
Brand Link Media has undertaken to have an independent review of its policies and procedures for compliance with the Spam Act, including how it obtains and records consent to send marketing messages.
The ACMA can pursue the matter through the Federal Court if Brand Link Media breaches its undertaking, including for payment to the commonwealth of any financial benefit obtained from the breach.
This is the latest enforcement action in the ACMA’s campaign targeting companies breaking spam and telemarketing laws, with businesses paying a total of $415,200 in infringement notices in the past 12 months.
This action comes shortly after the ACMA announced it has commenced proceedings in the Federal Court against two companies for alleged telemarketing without consent.
‘The ACMA will continue to crack down on businesses that do not comply with spam and telemarketing rules,’ said Ms O’Loughlin.
Help reduce unwanted communications:
- report breaches to the ACMA
- sign-up to the ACMA’s e-bulletin on spam compliance
- learn more about the ACMA’s role