Optus to focus on telemarketing compliance
The finding of a recent Australian Communications and Media Authority (ACMA) investigation initiated in early 2010 has resulted in Optus entering into enforceable undertakings with ACMA to comply with the Do Not Call Register Act 2006 (Cth)(the Act).
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The investigation uncovered several issues in the Optus compliance program, citing specifically that there was inadequate record keeping, inadequate oversight at Optus’ call centres, and a failure to appropriately record and action opt-out requests from customers.
The enforceable undertakings have been given by Optus to the effect that it will comply with the Act and specifically address the following matters:
- Record Keeping – Optus agreed that it would keep comprehensive records of telemarketing calls that it makes or that are made on its behalf by call centres;
- Agreements with Optus suppliers – Optus agreed to ensure that it will vary its existing agreements with suppliers to reflect the undertakings and to ensure that suppliers to Optus will be required to comply with the same enforceable undertakings as well;
- Auditing of Call Records – Optus agreed to monthly audits of telemarketing call records and to report back to the ACMA in an effort to allow the ACMA to spot potential problems;
- Education and Training – Optus agreed to ensure that employees directly involved in making telemarketing calls or supervising the making of such calls will complete an education and training program which covers the Act, DNCR Regulations, the Telecommunications (DNCR) Telemarketing and Research Calls Industry Standard 2007 (Cth) and the Optus Direct Marketing Code of Conduct; and
- Recording and Actioning Opt-Out requests – Optus agreed that it would ensure that the telephone number that its customers can call to opt-out of its own telemarketing is clearly and prominently displayed on its website in each of the complaints page, DNCR Act page and the ‘unwelcome calls’ page.
The Undertaking will run for two years from the date of commencement.
Contacts
Melbourne
Dan Pearce, Partner
T: +61 (0)3 9321 9840
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Marilyn Awad, Special Counsel
T: +61 (0)3 9321 9850
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Sydney
Ian Robertson, Partner
T: +61 (0)2 8083 0401
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Sonia Borella, Partner
T: +61 (0)2 8083 0412
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Brisbane
Paul Venus, Partner
T: +61 (0)7 3135 0613
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Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.