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$360,000 fine to internet provider for sending unsolicited marketing emails

TPG Internet Pty Ltd was recently fined $360,000 for breaching the Spam Act 2003 (Cth) by continuing to send commercial emails to customers who had unsubscribed from them. It is a breach of the Spam Act to send email or SMS marketing messages to anyone who has not agreed to receive them.

The fine was issued by the Australian Communications and Media Authority (ACMA) after complaints were made by consumers about TPG’s unsolicited marketing messages.

The Spam Act prohibits sending commercial electronic messages without the recipient’s consent. ACMA’s investigation found there had been an error processing “unsubscribe” requests by TPG customers. Because of the error, TPG kept sending commercial electronic messages in contravention of the Spam Act to customers who had withdrawn their consent by unsubscribing.

TPG’s fine is a timely reminder for businesses conducting email or SMS marketing to ensure that their marketing databases are functioning properly and in compliance with the Spam Act.

This article was prepared by Margaret Miller of Bell Legal Group for general information only and it is not legal advice. For legal advice about how this issue may affect you or your business contact us on 07 5597 3366 or send an email to mmiller@belllegal.com.au