Spam Act update

Australian Communications and Media Authority (ACMA) has fined two companies a total of $13,200 for contravention of the Spam Act 2003 following complaints received from members of the public.

ACMA found the companies sent out more
than fifty thousand commercial SMS messages marketing an investment
scheme for software providing horse racing tips.

Global Racing Group Pty Ltd, based in
Queensland, has been issued with infringement notices for penalties of
$11,000 by ACMA for sending unsolicited commercial SMS messages in
breach of the Spam Act.

ACMA found the company arranged for the
messages to be sent in a series of campaigns targeting Australian
mobile numbers between June and December 2004.

A second company, Australian SMS Pty
Ltd, has been fined $2,200 by ACMA for breaching the Spam Act and has
given ACMA an enforceable undertaking to abide by the Spam Act and the
Australian eMarketing industry code of practice. Australian SMS is a
specialist SMS messaging company, also Queensland based, and was
contracted by Global Racing Group to send out the messages.

Since the Spam Act came into force in April 2004, ACMA has required 200
businesses to amend their practices to comply with the Act. Fines
totalling more than $20,000 have been issued to five businesses; three
businesses have provided enforceable undertakings; and court action is
being taken against an alleged global spammer in the Federal Court in
Perth.

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