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Sydney-based online marketplace, Oneflare, has been slapped with a $75,600 infringement notice following an Australian Communication and Media Authority (ACMA) investigation into breaches of the Spam Act 2003.
This is the latest enforcement action in the ACMA’s targeting of businesses breaking spam and telemarketing laws, with businesses paying a total of $462,000 in infringement notices in the past 18 months.
The ACMA has also accepted a court-enforceable undertaking from Oneflare to guarantee future compliance, according to ACMA.
An ACMA investigation found that Oneflare sent commercial SMS messages to phone numbers it found on public directories. It also sent commercial SMS messages without an unsubscribe option.
ACMA chair, Nerida O’Loughlin, said its investigation was launched after the ACMA received complaints about SMS messages sent by Oneflare without consent.
“Australians find spam infuriating. There is no excuse for Oneflare or any other business to be sending marketing messages unless the sender can clearly demonstrate consent of the recipient,” O’Loughlin said.
“All businesses need to be aware of their responsibilities, and if they break the rules, we will take action against them.
“Oneflare’s record keeping practices could not provide evidence that it had permission to send these messages.”
The ACMA has accepted a court enforceable undertaking from Oneflare to ensure its processes comply with the Spam Act, including to have an independent consultant review its policies and procedures, ACMA said.
If Oneflare breaches this undertaking, the ACMA may take further action in the Federal Court.
The Spam Act sets out Australia’s spam rules, including when commercial electronic messages can be sent and what information must be included in the message.
Breaches of Australia’s spam rules can result in the ACMA seeking a civil penalty and/or injunction from the Federal Court, giving an infringement notice, accept a court enforceable undertaking or issue a formal warning.
According to ACMA, repeat corporate offenders may face penalties of up to $2.1 million a day.
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