Telecom regulator ACMA has slapped Virgin Mobile on the wrist after finding the mobile operator violated the Anti-Spam Act.
Virgin sent messages to its subscribers which have chosen to opt out of receiving marketing messages, promoting the benefits of opting in to receiving promotional material.
ACMA found that these messages in themselves consisted of commercial electronic messages, and thus violated the anti-spam act.
“The key tenet of the Spam Act is that commercial electronic messages cannot be sent without the consent of the recipient,’ ACMA Chairman Chris Chapman said.
“An organisation must respect a person’s desire not to receive commercial electronic messages, even if it is just to ask if they have changed their mind.”
Virgin Mobile has agreed to pay $22,000 and develop training programs, quality assurance processes and an auditing regime to ensure a breach does not happen again.
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