TPG Internet has been forced to pay $360,000 for breaching the Spam Act 2003, following an investigation by the Australian Communications and Media Authority (ACMA).
ACMA found that, during April 2017, consumers that had unsubscribed to TPG’s marketing emails continue to receive them.
“Consumers have a right to expect that their requests to unsubscribe from marketing messages will be respected,” ACMA chair, Nerida O’Loughlin, said.
According to ACMA’s investigations, TPG’s systems did not properly process unsubscribe requests during the period, meaning TPG contravened the Act by sending SMS commercial electronic messages to consumers who had unsubscribed to the service.
Instead of commencing proceedings in the Federal Court, the ACMA decided to issue an infringement notice to TPG as it co-operated with the ACMA during the investigation, admitted the breach, and has taken steps to remedy the causes of the breaches.
“This is a timely reminder to anyone who conducts email or SMS marketing to make sure the systems they have for maintaining their marketing lists are working well and comply with the Act,” O’Loughlin said.
Commercial electronic messages must not be sent without the consent of the account holder. Consent can be express - for example, signing up to a mailing list- or inferred - such as through an existing business relationship. Consent can be withdrawn at any time.
Spams can be reported by forwarding the message to firstname.lastname@example.org or an SMS to 0429 999 888.
In April, TPG announced plans to invest $1.9 billion into the development of a national wireless network in an effort to become the country's fourth mobile network operator.
This investment consists $600 million for network rollout capital expenditure over a three-year period, with the aim of reaching 80 per cent of the Australian population, and $1.26 billion it is set to pay for the fresh mobile spectrum it has just won in the government’s latest mobile spectrum sell-off round.