Virgin Blue to overhaul its email marketing in response to alleged contraventions of Spam Act | ACMA

Virgin Blue to overhaul its email marketing in response to alleged contraventions of Spam Act

Media release 1/2011 - 12 January

The Australian Communications and Media Authority has accepted an enforceable undertaking from Virgin Blue Airlines following an investigation into complaints alleging that the company continued to send commercial emails despite recipients' multiple attempts to unsubscribe from its mailing list.

The enforceable undertaking commits Virgin Blue to a thorough overhaul and independent assessment of its email marketing practices. Virgin Blue has also made payment of $110,000 as part of the undertaking.

During the investigation, Virgin Blue acknowledged that it had experienced problems with its email marketing systems, which led to some previously unsubscribed consumers continuing to receive emails.

'Businesses which market by email need to regularly test that the unsubscribe function in their messages is working properly,' said ACMA Chairman, Chris Chapman. 'The Spam Act requires that a request from a consumer to be unsubscribed from commercial emails must be addressed. No further commercial electronic messages are allowed to be sent to the consumer five working days after an unsubscribe request is made.'

To achieve better compliance with this obligation, Virgin Blue will engage an independent third party to thoroughly assess its email marketing processes and to implement any recommended changes. It will also provide training to relevant employees, establish a complaints handling policy, and audit 10 per cent of its email marketing campaigns monthly for a year.

The enforceable undertaking provided by Virgin Blue is available on the ACMA's website.

Complaints about spam can be made at or by calling 1300 855 180.

For more information or to arrange an interview please contact: Blake Murdoch, Acting Media Manager, on (02) 9334 7817, 0411 50 4687 or

# # #

The ACMA is Australia's regulator for broadcasting, the internet, radiocommunications and telecommunications. The ACMA's strategic intent is to make communications and media work in Australia's public interest. For more information:

Last updated: 14 April 2016