Do Not Call Register Act breach penalty

In Australian Communications and Media Authority v FHT Travel Pty Ltd [2011] FCA 550 the Federal Court found that FHT Travel Pty Limited (FHT Travel) and its sole director Yvonne Earnshaw breached the Do Not Call Register Act 2006 by making, or causing to be made, more than 12,000 marketing calls in less than a month to people who had placed their telephone numbers on the Do Not Call Register.

The Court ordered FHT Travel to pay a civil penalty of $120,000 to reflect the serious nature of the offence. Injunctions were granted restraining both FHT Travel and Ms Earnshaw from being engaged in any business which relies upon the regular use of telemarketing calls, without first advising ACMA in writing of its or her intention to do so, and providing such information concerning that involvement as ACMA may reasonably require, for a period of five years.

No penalty was imposed on its sole director as she was bankrupt.

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