Spammer Fails To Comply With ACMA Rules

  • ACMA takes promoter to court
  • Failed to comply with undertakings
  • Will not provide quarterly reports of activities

The Australian Communications and Media Authority (ACMA) has commenced proceedings in the Federal Court in Sydney against JER Pty Ltd (JER), a nightclub promoter trading as Urban Agent, for breach of an enforceable undertaking under the Spam Act 2003 (Spam Act).

Back in November 2011 the ACCC accepted an enforceable undertaking from Urban Agent to comply with provisions of the Spam Act 2003.

The ACMA investigated Urban Agent for possible breaches of the Spam Act including sending promotional SMS messages that did not identify the sender or indicate how to opt out of receiving further messages.  At the time Urban Agent agreed to:

  • Fix its SMS marketing
  • pay an amount of $4500
  • audit its SMS marketing practices
  • train its employees engaged in SMS marketing about meeting the requirements of the Spam Act
  • provide quarterly compliance reports to the ACMA for a period of 2 years.

Enforceable undertakings are an important mechanism provided for under the Spam Act and other legislation administered by the ACMA. The ACMA regards compliance with an undertaking freely given to it as a serious matter and expects that the obligations in the undertaking will be complied with in full.

Where they are not, the ACMA will take all necessary measures, including court action, to ensure that the obligations contained in the undertaking are met.

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