Sydney-based ValueAd Marketing (VAM) has been formally warned by the Australian Communications and Media Authority for sending out commercial SMSs without providing sufficient company contact information.
The ACMA says VAM’s breach of the Spam Act occurred when the company sent the messages with the consent of the recipients and included a functional ‘unsubscribe’ facility as required by the Act – but the information was not contained in the message itself as required by the Act.
And, the ACM, also found that VAM’s contact details could not be accessed without first clicking through to a survey where there was a link to the details.
“Commercial electronic messages must include accurate information about how a recipient can readily contact the authoriser of the message’, said ACMA acting Chairman, Richard Bean.
{loadposition peter}“Businesses must understand these obligations. They play an important role in keeping consumers informed and protected.”
The Spam Act 2003 regulates unsolicited commercial electronic messages in Australia and commercial electronic messages can be emails, SMS messages, MMS messages, instant messaging or similar message that include a marketing or commercial element.
The ACMA says VAM amended its practices during the course of the investigation in order to comply, and it will continue to monitor any complaints against VAM.