Optus fined $110,000 for spam

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."