Tag Archives | ACMA

Aussie Spam Act applied to US SMS marketing outfit

Did you know that SMS-based marketing is subject to Australia’s Spam Act ?

Or that the Australian law can also apply to offshore marketers ?

mBlox, which describes itself as ‘the world’s largest mobile transaction network’ now knows it, following an $11,000 ACMA penalty.

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Dodo stung hard for DNCR Act breaches

This week’s record fine for breaches of the Do Not Call Register Act does more than sting national ISP Dodo, the unhappy record holder.

It ends an information drought for Australian businesses that use contract call centres for telemarketing.

As a regular contributor to the coffers of the Telecommunications Industry Ombudsman, Dodo is no stranger to regulatory imposts.  But the speed at which big Do Not Call fines can accumulate should alarm even the most blasé operator.

Just 67 non-compliant telesales calls translated into a $147,400 penalty.

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3 signs up for new Consumer Code

The Communications Alliance has announced:  ‘Hutchison 3G Australia Pty Ltd (3 mobile) has become the first signatory to the new code designed to protect telecommunications consumers.’

They’re talking about the Telecommunications Consumer Protection Code, a consolidation of six previous codes that had become topsy-turvy.

3 has shown leadership by voluntarily signing up to the TCP Code.  But providers who don’t sign on the dotted line still can’t ignore it.

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CSPs fail simple compliance test

It’s surprising how many service providers trip up on basic compliance requirements.  We surveyed 36 Aussie CSPs against a simple benchmark.  21 of them failed.

The smaller the company, the more likely it was to get the requirement wrong.  But Adam Internet, Crazy John’s and Soul Mobile all got it wrong, too.

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ACMA pings another spammer

ACMA has fined Best Buy Australia $4,400 for breaches of the Spam Act 2003.

The penalty is modest compared to the $1m plus maximums that apply to repeat offenders, but makes it clear that ACMA won’t overlook a spam breach just because it doesn’t involve large numbers.

BBA really asked for trouble by not actioning people’s requests to be dropped off its mailing list.

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Managing your SFoA summary delivery

Some CSPs do it well, and many fail to do it at all.  A copy of your Standard Form of Agreement summary has to be given to customers at the start of the contract, and then a short reminder each two years.

Are you compliant ?  Can you prove it ?

Here are some hints for getting it right.

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Do Not Call Register set to increase its reach

The Australian Communications and Media Authority has released a discussion paper on possible extensions of eligibility to join the Do Not Call Register.

It goes as far as the idea that all Australia phone numbers could be allowed to register.

There’s a short period for public submissions.

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Getting up to speed on ACMA’s VoIP positions

In April 2008, ACMA announced a ‘new approach’ to VoIP regulation.

The ‘new approach’ is to start explaining, then enforcing, the current laws that apply to VoIP telephony services.   Peter Moon has prepared a ‘least you need to know’ guide.

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Spot check: Does your outbound telesales contract comply with section 12 of DNCR Act?

The Australian Communications and Media Authority is showing that the Do Not Call Register Act 2006 has teeth. $100k+ penalties have already been imposed.

In this Spot Check, we’ll see if your outsourced contract for outbound sales calls complies with section 12 of the DNCR Act.

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