Online retailer
Topbuy has been formally warned by the Australian Communications and Media Authority (ACMA) following a breach of the Spam Act.
An ACMA investigation found that Topbuy had sent at least three email messages to people who had previously requested to be unsubscribed or who had not consented to receiving commercial emails from the retailer.
The investigation also found that the breaches were in part due to systemic issues surrounding a family and friends referral campaign.
‘Many businesses try to acquire clients through referrals from
family and friends, but this is simply not allowed under the specific
opt-in marketing provisions of the Spam Act,’ Chris Chapman, ACMA Chair said. ‘Consent
to receive commercial electronic messages can only be given by the
relevant electronic account-holder—the person responsible for that
account—and not by another person. It’s just not acceptable.’
The
Spam Act states commercial emails must be sent with the recipient’s
consent, and any request to unsubscribe must be actioned within five
working days.
‘Online retailers rely on email marketing, but time and time again the ACMA receives complaints about sloppy or cavalier consent practices. Topbuy and the online retailing industry more generally should consider themselves to be on notice.’
Whilst there was no financial penalty imposed, breaches of the Spam Act can attract fines of up to $1.1 million per day.
