Optus has paid a $504,000 infringement notice after an investigation found significant breaches of spam laws. It is the second largest infringement notice paid to the Australian Communications and Media Authority (ACMA) and the largest paid for spamming.
The ACMA investigation found that between 1 June and 4 December 2018, Optus sent SMS and email marketing messages to consumers after they had unsubscribed. Optus also sent commercial emails in the form of billing notices that did not include an unsubscribe facility.
ACMA chair, Nerida O’Loughlin said large e-marketers need to listen to consumers and respect their choice when they unsubscribe.
“This infringement notice reflects the seriousness of breaches made by Optus and its failure to honour its customers’ wishes to unsubscribe, in some cases on multiple occasions,” she said. “Australians find spam infuriating and as a regulator it is something we are actively cracking down on.”
The ACMA has accepted a court enforceable undertaking from Optus to help ensure its future compliance with the Spam Act. Optus will appoint an independent consultant to review its systems, policies and procedures for compliance with spam rules.