SMS spammers suffer ‘no show’ judgment

We reported in January 2009 that ACMA had launched legal action against a bunch of companies and individuals alleged to be involved in an illegal SMS spam racket.

Five of the respondents to the Federal Court action have failed to take necessary procedural steps, and the Court has agreed to ACMA’s application for default judgments.  After hearing evidence about the defaults and the original conduct, the Court has ordered:

• that parties including Mobilegate Ltd, Winning Bid Pty Ltd, Simon Anthony Owen, Tarek Andreas Salcedo and Glenn Christopher Maughan have breached the Spam Act and / or Trade Practices Act in various ways;
• that they be restrained from certain conduct, of the kind involved in the scam, for seven years; and
• the matter be re-listed for directions in relation to any penalty hearing as the above respondents on 18 September 2009.

The case against other respondents, who have defended the case, continues.