Online retailer slammed again by watchdog

By Keri Algar

SYDNEY, NSW: It is the second time in as many years the Sydney based online retailer has been issued an infringement notice by the Australian Communications and Media Authority (ACMA) for sending unsolicited emails.

ACMA has today accepted an enforceable undertaking from Best Buy following an investigation for the alleged breach of the Spam Act 2003.

As part of the undertaking, the online retailer has agreed to stop marketing electronically until it has processes in place that comply with the legislation, according to an ACMA statement.

Best Buy has also paid $8,000 as part of its undertaking. In 2008 the company was fined $4,400 for sending emails to people after they had requested to be removed from the mailing list.

ACMA chairman Chris Chapman issued a warning to other electronic marketers.

“All e-marketers should take heed: list management is key to compliance with the Spam Act and contraventions such as this can easily be avoided. Anyone who markets electronically must have processes to maintain and keep their lists current and compliant,” said Chapman.

“This was a case of poor management of marketing lists.”

If Best Buy opts to resume marketing electronically it will be required to establish training and quality assurance processes, as well as a complaints handling policy.

Under the Spam Act, potential penalties of up to $1.1 million per day may be imposed by the Federal Court for repeat offenders.



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