Buyer beware: ACMA issues formal SPAM warning for failure to prove consent

Businesses who build their marketing database from or including marketing lists bought from third parties still need to show evidence or supporting records that the people on those lists consented to receive electronic messages from the business buying the list.

Online marketing business Web 1000 has been given a formal warning by the ACMA for 20 contraventions of the Spam Act 2003, in relation to emails sent between 17 December 2014 and 2 May 2015. The investigation was commenced as a result of complaints received by the ACMA from consumers who had received marketing messages. Web 1000 was unable to show that these consumers had consented to receiving these messages.

A key learning is that when buying marketing lists from third parties, or even where building lists from leads received directly, you need to be able to show a trail that equates to that individual consenting to receive commercial messages from your business (not only the business selling the list).