Ongoing Struggle to Disrupt Illegitimate Scammers as Per recent ACMA Report
The Australian Communications and Media Authority (ACMA) has released its latest update on telemarketing and spam for the January-March 2024 quarter, highlighting ongoing efforts to combat SMS scams and enforce e-marketing unsubscribe rules.
Enforcement Actions
In the past quarter, ACMA issued 3,601 compliance alerts to businesses, addressing potential spam and telemarketing compliance issues. This brings the total alerts issued in the financial year to date to 3,601. Over the last 18 months, ACMA has secured over AUD12.7 million in penalties against businesses for unlawful spam.
Notable penalties include a AUD302,000 fine against Optus for sending advertising emails without consent and a similar penalty against Outdoor Supacentre (trading as 4WD Supacentre) for sending commercial messages without consent.
Complaints and Investigations
ACMA received more than 6,200 complaints about alleged breaches of telemarketing and spam laws in the last quarter. The most common complaints (excluding scams) were about the retail, building and maintenance, and solar sectors.
Currently, ACMA has three ongoing spam investigations and two anti-scam investigations in progress. In response to the increasing number of complaints, ACMA issued consumer alerts about the re-emergence of the 'Hi mum scam', government 'cost of living' impersonation scams, and Do Not Call Register scams.
Preventing Scams and Enforcing Unsubscribe Rules
ACMA is particularly concerned about businesses that do not comply with Australia’s spam laws, especially those with inadequate unsubscribe processes for automated SMS and email 'welcome journeys'. Customers who try to unsubscribe from these messages but continue to receive the complete series may be in potential breach of their unsubscribe obligations under the Spam Act 2003.
To combat this issue, ACMA expanded the SMS Sender ID Registry pilot by adding new alpha tags to prevent business message headers in SMS from being impersonated by scammers.
Understanding 'Welcome Journeys'
A welcome journey is a series of automated messages sent to new customers over a few days or weeks, often including advertising and discounts. Businesses must ensure that these messages comply with spam laws, including providing a clear and functional unsubscribe option.
Court-Enforceable Undertakings
ACMA currently has 20 court-enforceable undertakings in place, which require businesses to take specific actions to ensure their compliance with spam laws. These undertakings are a testament to ACMA's commitment to protecting consumers from unwanted and potentially harmful communications.
In conclusion, the ACMA's efforts to combat SMS scams and enforce e-marketing unsubscribe rules are ongoing, with significant penalties being issued to businesses that breach Australia's spam laws. Consumers are encouraged to report any suspected breaches to ACMA and to be vigilant against scams.
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