The finding of a recent Australian Communications and Media Authority (ACMA) investigation initiated in early 2010 has resulted in Optus entering into enforceable undertakings with ACMA to comply with the Do Not Call Register Act 2006 (Cth)(the Act). The ACMA commenced the investigation in March 2010 following a large number of consumer complaints about Optus telemarketers calling people whose names were registered on the national Do Not Call Register. Many of the complaints came from Optus customers who had specifically opted out of receiving calls from Optus' marketing operations.
The investigation uncovered several issues in the Optus compliance program, citing specifically that there was inadequate record keeping, inadequate oversight at Optus' call centres, and a failure to appropriately record and action opt-out requests from customers.
The enforceable undertakings have been given by Optus to the effect that it will comply with the Act and specifically address the following matters:
- Record Keeping – Optus agreed that it would keep comprehensive records of telemarketing calls that it makes or that are made on its behalf by call centres;
- Agreements with Optus suppliers – Optus agreed to ensure that it will vary its existing agreements with suppliers to reflect the undertakings and to ensure that suppliers to Optus will be required to comply with the same enforceable undertakings as well;
- Auditing of Call Records – Optus agreed to monthly audits of telemarketing call records and to report back to the ACMA in an effort to allow the ACMA to spot potential problems;
- Education and Training – Optus agreed to ensure that employees directly involved in making telemarketing calls or supervising the making of such calls will complete an education and training program which covers the Act, DNCR Regulations, the Telecommunications (DNCR) Telemarketing and Research Calls Industry Standard 2007 (Cth) and the Optus Direct Marketing Code of Conduct; and
- Recording and Actioning Opt-Out requests – Optus agreed that it would ensure that the telephone number that its customers can call to opt-out of its own telemarketing is clearly and prominently displayed on its website in each of the complaints page, DNCR Act page and the 'unwelcome calls' page.
The Undertaking will run for two years from the date of commencement
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