Optus fined $110,000 for spam

By Renai LeMay, ZDNet.com.au
14 January 2009 12:50 PM
Tags: acma, optus, sms, spam, chris chapman, fine

update The Australian Communications and Media Authority has fined Optus a combined $110,000 for two infringements relating to sending what the authority deemed was SMS spam to mobile phones.

The messages, ACMA said in a statement today, had promoted Optus' Zoo service, with the sender identified as "966", referring to the letters on a numeric keypad spelling "zoo". But ACMA chairman Chris Chapman said Optus' identification wasn't sufficient to meet requirements of the Spam Act (2003).

"966 could be used to represent any number of permutations on a telephone keypad," he said. Optus had sent 20,000 text messages using the technique. ACMA said it had commenced discussions with Optus to resolve the matter in an undertaking by the telco, but consensus could not be reached on an outcome; accordingly ACMA issued a fine.

"ACMA will use its stronger enforcement powers where the undertakings offered are not considered an adequate response to the compliance issues raised," said Chapman. Optus has paid the fine and advised it had implemented measures internally to make sure the mistake wouldn't be made again.

An Optus spokesperson said the telco took its responsibilities under the Spam Act very seriously, and had cooperated fully with ACMA on the issue.

"We have conducted a thorough review of Optus marketing, training and approval processes to make sure that improved processes are in place," they said. "We apologise to customers who were affected."

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Talkback 8 comments

    996? Terry -- 14/01/09

    Not so sound pedantic but shouldn't that be 966 and not 996?

    It's mentioned twice in the article in different paragraphs so it can't really be written off as a typo.

    Fair point Renai LeMay -- 14/01/09 (in reply to #320120952)

    Our error -- fixed! Cheers, Renai

    News Editor
    ZDNet.com.au

    What they should be doing is not spamming in the first place Mel Sommersberg -- 14/01/09

    I get the occasional spam message promoting NRMA products and services and it gets very annoying as I am an infrequent phone user. Given that both my landlines and my mobile are on the Do Not Call register I think they have some explaining to do. I would imagine that Optus would be in the same boat - whether they send an ident or not.

    There'd be hundreds of thousands of people out there who do not want to be disturbed this way yet the corporate sector seem oblivious to their customers wishes.

    In the spam I have received I was told to send a blank message in reply to unsubscribe from their spamming hit list but why should I pay for their arrogance? Furthermore, how do I know that same function doesn't add me to a new list where I would once again be targetted with unwanted messages in the same way that illicit e-mail spam systems work?

    Spam Renai LeMay -- 14/01/09 (in reply to #320120955)

    I think marketing messages via email or SMS need to be more targeted. I don't object to receiving this stuff when it relates to things I want to know -- for example, cheap cinema tickets, discounts on computer games etc :)

    When it's for irrelevant things I would never consider buying, it's annoying.

    Cheers,

    Renai LeMay
    News Editor
    ZDNet.com.au

    What is spamming David Vaile, UNSW Law Faculty Cyberspace Law and Policy Centre -- 15/01/09 (in reply to #320120962)

    Permission-based marketing (prior explicit consent) is the best model, and legal under the Spam Act 2003. Otherwise, with some loopholes, "unsolicited commercial electronic messages" are banned. However in this story, the emphasis in on a lesser prohibition, that of an active unsubscribe link. While essential, this has always been secondary, since no sensible person knows whether they can trust such a link.

    Next stop: get the US to re-adopt the California Spam law of 2003, which is even better than ours, not their terrible federal CAN-SPAM Act, which legalises spam and causes problems around the world.

    @What they should be doing is not spamming in the first place Anonymous -- 15/01/09 (in reply to #320120955)

    I agree with you here, but I must admit that spam is far less annoying, than being constantly called by telemarketers, usually at a time when you would much prefer to relax and be left alone, and particularly when their opening comment is "hello, how are you today"! These are the people I would like to see action taken against, but what do you do ?

    I can't think of a title Mel Sommersberg -- 15/01/09 (in reply to #320121022)

    As a rule I don't make or receive many phone calls. A useful tool for me would be a phone that stays silent if the incoming number is masked. Everyone I want to be able to contact me has their number unmasked so I wouldn't miss any legitimate calls. Not sure if that would work for everyone though.

    We are part of the way there with SMS - some phones, like the phone I have, a Telstra CountryPhone, (and before any trolls bag me for having it, it is a work phone), it has a function that can block certain SMSs. It is 'almost' bulletproof as the sender's number is always transmitted, no matter what their privacy settings are, except Optus obviously as they have managed to spoof their outgoing number.

    Spamming with Optus Denise Rae Lawson -- 16/01/09 (in reply to #320121022)

    It is not just happening on mobiles, I recently changed ISP from Optus to bigpond and I am copping all this spam mail from Optus of which I never had before, am disgusted, in this company now and would never go back.

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