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ARTICLE · 15 FEBRUARY 2024

Time to revisit your marketing settings? Recent penalties for breaching Spam law

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The Spam Act requires consent to send out marketing materials and each communication must include an unsubscribe option.

AustraliaTechnology
Lyn Nicholson
Lyn Nicholson
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Australian Communications and Media Authority (ACMA) recently imposed a $302,500 penalty on Outdoor Supacentre Pty Ltd (Outdoor Supacentre), a four-wheel drive and camping accessory retailer, for sending over 83,000 marketing text messages in breach of the Spam Act 2003 (Cth) (Spam Act).

The Spam Act requires organisations to have the recipient's consent to send marketing materials and each communication must include a functional unsubscribe option.

In this case, consumers complained over a period of more than 10 months that Outdoor Supacentre sent text messages without a functional unsubscribe option and continued to send marketing messages after they had withdrawn consent to receive such communications. It was after these complaints that the ACMA initiated an investigation.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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