Home Resources Warning Bells on Spam Act Violations Compliance Warning Bells on Spam Act Violations Sarla Fernando: “If a consumer is asking to be removed off a list, they mean it.” The Australian Communications and Media Authority (ACMA) is sounding the alarm for advertisers to adhere to regulations this festive season, as the watchdog intensifies its scrutiny of brands during the year-end sales period. In anticipation of Black Friday and the upcoming Christmas sales, ACMA has issued a comprehensive compliance reminder to the entire industry, prompted by an increasing number of compliance violations by various brands. This cautionary move follows the recent imposition of a $1.3 million fine on Kmart by the regulatory body, alleging the dispatch of over 200,000 emails to individuals who had previously unsubscribed from the mailing list. Notable penalties have this year also been levied against Commonwealth Bank and DoorDash, with associated penalties of $3.55 million and $2 million, respectively, for their breaches of spam regulations. However, it was ACMA's decision to fine Ticketek $500,000 in October for recurrent spam violations that should put marketers on heightened alert. One aspect of this investigation focused on where a transactional / factual message was found to have been “a commercial electronic message’ in nature, thereby putting it within scope of the Spam Act. The distinction is a delicate one that is coming under increased scrutiny and has put many businesses on alert. ADMA’s director of regulatory and advocacy, Sarla Fernando, message to the industry is to not look just at the penalty in terms of the fine issues for these breaches as this is just a component of the consequences of a breach of the Spam Act. “The fine is only one element of what it costs the business. Once a business is found to be in breach, it then has to undergo an enforceable undertaking, which involves training programs, processes, audits, check ins with the ACMA for three years, and this could also include having consultants coming in each year to verify your processes. “It’s a very costly affair… I think that’s what needs to be educated a bit more in the market.” Fernando considers ACMA’s warning is a “timely reminder” to marketers “to ensure that your marketing distribution lists are up to date, that you’ve done regular quality assurance, that you make sure that your unsubscribe mechanisms are working, and that they’re synchronised across all of your databases. “And I think it’s really important to understand that if a consumer is asking to be removed off a list, they mean it.” Despite the Spam Act being around since 2003, companies are still getting it wrong. A less forgiving posture from the industry regulator and consumers, should be expected. If you or your teams need a refresher on the Spam Act and all things compliance, we highly recommend ADMA’s Privacy and Compliance for Marketers Course as a “must do”. With our End of Year sale running until 15 December, there couldn’t be a better time to set yourself up for success. Don’t let your business be the next compliance breach headline. 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Article 10th Nov 2021 Customer reviews: the good, the bad and the ugly Online reviews have become an important part of customers' decision-making process. But when a business decides to take control of online customer reviews, things can turn ugly. Article 10th Nov 2021 7 mins Consumer guarantees - Which ones apply? This resource for ADMA members help organisations navigate the complexities of Consumer Guarantees. Article 10th Nov 2021 4 mins Washing fees under the DNCR increase by 42 per cent Under the Do Not Call Register Act 2006 telemarketers and fax marketers must not contact numbers listed on the Do Not Call Register (the Register). Read more about the impacts of the legislation. Article 10th Nov 2021 Compliance & Regulation Glossary ADMA runs compliance training and education and encourages all marketers to understand the regulatory landscape, which builds trust and opportunities for businesses and consumers alike. We aim to keep this glossary up to date, but please be mindful that regulations, laws and best practices in Australia and across the globe evolve quickly Article 10th Nov 2021 Privacy vs convenience: a ‘smart’ trade-off? We live in the era of convenience – smart devices and the Internet of Things (IoT) make consumers’ lives so much easier and more convenient. But at what cost? Load More
11th Nov 2021 8 mins How to prepare your non-EU business for the GDPR Data protection legislation faces a major shakeup when the European Union ‘General Data Protection Regulation’ (GDPR) becomes enforceable in mid-2018. But what are the changes – and why do they impact marketers and companies across the planet?
Article 10th Nov 2021 Customer reviews: the good, the bad and the ugly Online reviews have become an important part of customers' decision-making process. But when a business decides to take control of online customer reviews, things can turn ugly.
Article 10th Nov 2021 7 mins Consumer guarantees - Which ones apply? This resource for ADMA members help organisations navigate the complexities of Consumer Guarantees.
Article 10th Nov 2021 4 mins Washing fees under the DNCR increase by 42 per cent Under the Do Not Call Register Act 2006 telemarketers and fax marketers must not contact numbers listed on the Do Not Call Register (the Register). Read more about the impacts of the legislation.
Article 10th Nov 2021 Compliance & Regulation Glossary ADMA runs compliance training and education and encourages all marketers to understand the regulatory landscape, which builds trust and opportunities for businesses and consumers alike. We aim to keep this glossary up to date, but please be mindful that regulations, laws and best practices in Australia and across the globe evolve quickly
Article 10th Nov 2021 Privacy vs convenience: a ‘smart’ trade-off? We live in the era of convenience – smart devices and the Internet of Things (IoT) make consumers’ lives so much easier and more convenient. But at what cost?