The Australian Communications and Media Authority (ACMA) has accepted an $8000 enforceable undertaking from online electronic goods retailer, Best Buy Australia.
This follows an investigation into its compliance with the Spam Act 2003. As part of the undertaking, the company has agreed to stop marketing electronically until it has processes in place that comply with the legislation.
The ACMA found Best Buy had used an automated emailing system that failed to process some unsubscribe requests and that it kept more than one marketing list and that when changes were made to one list, they were not necessarily reflected in others.
‘This was a case of poor management of marketing lists,’ ACMA chairman, Chris Chapman, said. ‘All e-marketers should take heed: list management is key to compliance with the Spam Act and contraventions such as this can easily be avoided. Anyone who markets electronically must have processes to maintain and keep their lists current and compliant.’
If Best Buy decides to resume marketing electronically, then it will be required to establish training and quality assurance processes as well as a complaints handling policy.
This is the second investigation the ACMA has conducted into Best Buy’s compliance with the Spam Act. In August 2008 it paid an infringement notice of $4400 for allegedly sending commercial electronic messages without the consent of the recipient and after requests to be removed from its mailing lists.