TPG Internet Pty Ltd has paid a $360,000 fine for breaching Australia's Spam Act 2003 (Spam Act) by continuing to send commercial electronic messages to customers who had unsubscribed from receiving such messages. The fine was issued by the Australian Communications and Media Authority (ACMA) following an investigation into consumer complaints over TPG's unsolicited marketing messages.
The Spam Act prohibits sending commercial electronic messages without the recipient's consent. ACMA found that there had been an error processing unsubscribe requests by TPG customers during April 2017. This meant that TPG had sent commercial electronic messages to customers who had withdrawn their consent by unsubscribing, contravening the Spam Act.
For ACMA, consent-based marketing is an enforcement priority area. TPG's fine serves as a reminder for businesses conducting email or SMS marketing to ensure that their systems for maintaining marketing databases are functioning, up to date and in compliance with the Spam Act.
ACMA's media release is available here.