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Telecommunications Optus cops massive ACMA fine for spamming
Telecommunications Optus cops massive ACMA fine for spamming | Optus cops massive ACMA fine for spamming |
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| by Stuart Corner | |
| Wednesday, 14 January 2009 | |
      
According to ACMA chairman, Chris Chapman, "Optus assumed that recipients of their messages would make the connection between '966' and 'ZOO'. However, this was not considered sufficient identification, as '966' could be used to represent any number of permutations on a telephone keypad." The Spam Act provides the ACMA with a series of responses to combat spammers: from the issue of a formal warning, acceptance of an enforceable undertaking, issue of infringement notices through to prosecution in the Federal Court. The ACMA says it "determines an appropriate action on a case-by-case basis," and that "Formal warnings are used by ACMA to indicate concerns about alleged contraventions and allow for the business or individual to take compliance action to prevent any future contraventions." The ACMA would not discuss why it had imposed such a severe penalty on Optus - the only higher penalty imposed was against DC Marketing Europe for "extensive breaches" of the Spam Act. ACMA penalised DC Marketing in 2007 to the tune of $149,000 for 102 contraventions relating to missed call marketing. Missed call marketing involves the sending of short duration calls to mobile phones, thereby leaving a 'missed call' message on the phone. In the case of Optus, the ACMA said it had commenced discussions with Optus in relation to the offer of an enforceable undertaking by Optus, but "consensus could not be reached on the terms of such an undertaking." An ACMA spokesman told iTWire: "Optus understood that ACMA would [issue an infringement notice and impose a penalty] if consensus could not be achieved. ACMA chairman, Chris Chapman, Chris Chapman, noted: "Undertakings can provide an excellent opportunity for businesses to demonstrate their commitment to compliance. However, as in this example, ACMA will use its stronger enforcement powers where the undertakings offered are not considered an adequate response to the compliance issues raised." The ACMA said that Optus had paid the amounts specified in the infringement notices and "has advised that new compliance measures have been implemented that will ensure accurate sender identification is included in all commercial electronic messages." |
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