Best Buy Violates Australia Anti Spam Act

Source: Government of Australia
Posted on: 11th August 2010

The Australian Communications and Media Authority has accepted an enforceable undertaking from online electronic goods retailer Best Buy Australia Pty Ltd following an investigation into its compliance with the Spam Act 2003.

As part of the undertaking, the company has agreed to stop marketing electronically until it has processes in place that comply with the legislation.

The ACMA found that Best Buy used an automated emailing system that failed to process some unsubscribe requests.

The ACMA also found that Best Buy kept more than one marketing list and that when changes were made to one list, they were not necessarily reflected in others.

‘This was a case of poor management of marketing lists,’ said ACMA Chairman Chris Chapman. ‘All e-marketers should take heed: list management is key to compliance with the Spam Act and contraventions such as this can easily be avoided. Anyone who markets electronically must have processes to maintain and keep their lists current and compliant.’

If Best Buy decides to resume marketing electronically, then it will be required to establish training and quality assurance processes as well as a complaints handling policy.

Best Buy has also paid an amount of $8,000 as part of its undertaking.

This is the second investigation the ACMA has conducted into Best Buy’s compliance with the Spam Act.

In August 2008 it paid an infringement notice of $4,400 for allegedly sending commercial electronic messages without the consent of the recipient and after requests to be removed from its mailing lists.

The enforceable undertaking offered by Best Buy is available on the ACMA’s website.

Complaints about spam can be made by calling the ACMA on 1300 855 180 or at www.spam.acma.gov.au. Background material on regulation of spam is also available there.

The ACMA is Australia’s regulator for broadcasting, the internet, radiocommunications and telecommunications.

The ACMA’s strategic intent is to make communications and media work in Australia’s public interest.

For more information: www.acma.gov.au.

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