ACMA issues Spam warning
The Australian Communications and Media Authority (ACMA) has given formal warnings to SNX Pty Ltd (trading as Premier Auto Wholesale and Home Loan Selection Services) for sending marketing messages without consent, in breach of the Spam Act 2003.
Premier Auto Wholesale had sent SMS messages to mobile phone numbers which it obtained from online advertisements for used cars. The numbers in the advertisements also contained a statement that marketing messages were not welcome. Home Loan Selection Services failed to prove that it had consent to send the emails in question.
The ACMA Chairman, Chris Chapman, stated that “E-marketers need to understand that the publication of an email address or mobile telephone number on a website is not an open invitation to send messages”. The case reinforces the requirement for companies to obtain the express consent of recipients before sending marketing messages.
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Paul Venus, Partner
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