In September 2012, the Australian Communications and Media Authority (ACMA) issued
formal warnings to two Australian businesses for their failure to comply with the Spam Act
2003 (Cth) (the Act). This serves as a timely reminder to Direct Selling Organisations
(DSOs) to ensure that the electronic messages they (and their salesforces) send comply
with the Act.
In issuing formal warnings under section 41 of the Act, ACMA concluded that both
businesses, Aussie Web Tech Pty Ltd and My CRA Pty Ltd, had sent marketing messages
to consumers which did not include details as to how recipients of the messages could
unsubscribe.
Background
The Act prohibits the sending of unsolicited, electronic messages which are commercial in
nature. Modes of communication covered by the Act include email, instant messaging, SMS
and MMS. The sending of faxes and voice telemarketing are not regulated by the Act.
Commercial messages are any that offer, promote or advertise
