ACMA Warns Topbuy for Breaching Spam Act 2003

The Australian Communications and Media Authority (ACMA) has officially warned Topbuy, an online retailer, to maintain restraint after an investigation that held the retailer responsible for violating the 2003 Spam Act since it dispatched three commercial e-mails to clients without their permission.

Legal experts have said that according to the Act, people can be sent commercial e-mails only when they agree to receive them. The agreement would be considered nullified after 5 working days of receiving a request for opting-out (or unsubscribe). Furthermore, the Act also covers unsolicited commercial e-mails having any Australian connection.

Topbuy tried to defend itself with the contention that in one particular incident of its apparent violation, it had obtained permission via a campaign that used references from "friends and family" in which clients can propose the names of their family members or friends to receive the messages.

Nevertheless, Chris Chapman, Chief of ACMA, stated that the practice wasn't legal, as reported by Securecomputing on December 1, 2009.

Chapman explained that many companies made attempts to acquire customers through the 'references' system, but the Act's provisions for opt-in marketing simply didn't allow it. He further added that agreeing to commercial e-mails would be valid only if the actual owner of the e-mail account gave his consent.

Meanwhile, a chance has been given to Topbuy to make sure that it will make no more violations, while Chapman further said that it was a warning for the whole Internet based retail industry. The warning stated that under the current situation, an official warning was released for showing ACMA concerns regarding infringements and for giving Topbuy an opportunity to comply with the Act so that no future infringements would occur.

Indeed, any entity violating the Spam Act 2003 could be fined and a maximum of $1.1 Million daily for committing the offence repeatedly, but Topbuy was spared, with just a warning, as it made an effort to seek advice along with a resolution for the problem from ACMA.

In the end, people getting commercial e-mails without first being asked for, can complain at www.spam.acma.gov.au or call the helpdesk numbers of ACMA.

Related article: ACMA Unleashes SpamMATTERS - the New anti-spam Button

» SPAMfighter News - 12/7/2009