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Mobile call spammer slugged with $150k fine

IT Policy - Regulation

The Australian Communications and Media Authority (ACMA) has imposed its largest penalty to date for breaches of the Spam Act, on DC Marketing Europe for repeated offences of 'missed call' marketing.

Missed call marketing involves the sending of short duration calls to mobile phones leaving a 'missed call' message on the phone. When the mobile phone owner returned the missed call from DC Marketing they received marketing information. The penalty was imposed for 102 such offences in July and August 2006.

Consumers had no way of knowing who the missed call was from and so effectively paid to receive DC Marketing's marketing messages. "The missed call marketing messages sent out by DC Marketing were unsolicited, did not identify the sender and did not contain an unsubscribe facility, each of which is a breach of the Spam Ac," the ACMA said.

ACMA chairman, Chris Chapman said that, as a result of increased resources provided by the Commonwealth Government in this year's Federal Budget, the ACMA would "significantly increasing its anti-spam activities over the next year and will be closely monitoring the mobile marketing industry's compliance with the Spam Act."

With repeat offenders facing potential penalties of up to $1.1 million per day, Chapman warned that "non-compliance would prove to be a costly exercise."

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