The ACMA has accepted enforceable undertakings from trading platform Webull Securities Pty Ltd and alcohol retailer Wine Collective Holdings Pty Ltd, after both businesses failed to comply with Australia's spam laws.
The companies have each made two-year court enforceable commitments to the ACMA after self-reporting they had sent marketing emails to consumers who had unsubscribed. The self-reports were made after both businesses were given a compliance alert raising consumer complaints the ACMA received.
Under the Spam Act, businesses must include working unsubscribe facilities in commercial electronic messages. Once someone has unsubscribed, businesses must not intrude on their privacy by continuing to send messages.
Webull and the Wine Collective must appoint independent consultants to review their compliance practices and make improvements. The businesses must also train their staff and report any non‑compliance with the Spam Act to the ACMA for the duration of the undertakings.
If either business breaches its undertaking, the ACMA can apply to the Federal Court of Australia to have it enforced. The Court can also order payment of any benefit obtained from the breaches to the Commonwealth and compensation to people impacted.
Enforcing e-marketing unsubscribe rules is a current ACMA compliance priority. Over the past 18 months businesses have paid over $10 million in penalties for breaching spam and telemarketing laws.
