TPG Internet Pty Limited (TPG) has been fined $360,000 by the Australian Communications and Media Authority for not unsubscribing customers who requested to stop receiving marketing messages and therefore breaching the Spam Act 2003 (Cth) (the Act).

ACMA chair Nerida O’Loughlin said TPG’s fine serves as a reminder to anyone who conducts email or SMS marketing to make sure the systems they have for maintaining their marketing lists are working well and comply with the Act.

The Spam Act

Generally speaking, for any business which uses a service whereby an electronic message is sent by the business to an individual, it is necessary to consider whether or not the message constitutes a “commercial electronic message” (being an electronic message which, having regard to the message’s content and presentation, offers, advertises or promotes goods, services, land, or business and investment opportunities) for the purposes of the Act.

Under the Act it is illegal to send,

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