Tag Archives | spam

Turning up the heat on premium mobile service providers

By on 13 January 2009 in Spam Act, Trade Practices Act

HeatWe’ve previously talked about premium mobile services being a regulatory hotspot for 2009.   We’ve got the ACCC getting cranky about it, a proposed new code from the Comms Alliance and ACMA beating up mBlox and TMG Asia Pacific.

In a sign that things are going to stay hot (and probably get hotter) for premium mobile service providers, ACMA has now launched Federal Court proceedings against Mobilegate Ltd (a Hong Kong company), Jobspy Pty Ltd, Winning Bid Pty Ltd and individuals associated with those companies for breaches of the Spam Act and Trade Practices Act.

Continue Reading →

Share
Comments { 1 }

ACMA: Power without theory ?

By on 26 November 2008 in Spam Act

OK, it’s a harsh headline, but we really wish ACMA would more generously share its thoughts about compliance with the Spam Act and Do Not Call Register Act.

The potent powers that these laws give the authority carry a moral obligation to educate as well as punish.  We’ve argued the point before, and now there’s another case where the Communications Authority’s communication isn’t as authoritative as it could be.

Continue Reading →

Share
Comments { 0 }

Hyarchis rep objects to ACMA spam warning

By on 24 November 2008 in Spam Act

We recently reported on a Spam Act warning given by ACMA to SMS marketer Hyarchis.

Hyarchis’ Australian representative Peter Pichler is reported as rejecting the warning, arguing that it arose out of an incident where a mischievous third party entered a bogus phone number on a Hyarchis social networking site.

Continue Reading →

Share
Comments { 0 }

Mobile premium service provider warned by ACMA

By on 19 November 2008 in advertising, Spam Act

ACMA today announced a formal warning to Hyarchis Company Limited for alleged breaches of the Spam Act 2003 using SMS.

Hyarchis is a mobile content provider that operates a ‘ringtone club’ and some social networking sites.    It despatched SMS promotions to an Australian mobile user, without having consent to do so.

On this occasion, ACMA has used its discretion not to impose a penalty, but noted that penalties of up to $1.1 million per day can apply to repeat offenders.

The lessons:

  • Promotional email, SMS, MMS, IM and any other similar messages are all regulated by the Spam Act.
  • You can’t send them to Australians without actual or inferred consent.
Share
Comments { 1 }

Aussie Spam Act applied to US SMS marketing outfit

By on 30 October 2008 in Spam Act

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.

Continue Reading →

Share
Comments { 0 }

ACMA pings another spammer

By on 4 September 2008 in General

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.

Continue Reading →

Share
Comments { 0 }