Formal warnings given to Marketsolve and Rainbow Flag Australia

The Australian Communications and Media Authority (ACMA) has issued formal warnings to Queensland-based telemarketing company Marketsolve Pty Ltd (Marketsolve) and Melbourne-based online business directory Ooh Aah Productions Pty Ltd (Rainbow Flag Australia).

The ACMA commenced an investigation into Marketsolve following consumer complaints about telemarketing calls. The investigation found the business called a number on the Do Not Call Register in January 2020 and could not provide evidence it had consent to do so, breaching the Do Not Call Register Act 2006.

A separate investigation into Rainbow Flag Australia following consumer complaints found that between October 2019 and February 2020, Rainbow Flag sent five commercial messages to email addresses without consent, breaching the Spam Act 2003.

In each case, the ACMA found limited contraventions and has formally warned the business that it must comply in future.

Enforcement action for breaching Australia’s spam and telemarketing laws can include formal warnings, infringement notices, action in the Federal Court and accepting court-enforceable undertakings. Repeat corporate offenders may face penalties of up to $2.22 million a day.

Over the past 12 months businesses have paid over $1,803,900 in penalties for breaching spam and telemarketing laws. The ACMA has also accepted six court-enforceable undertakings and given six formal warnings.

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