SmartyHost caught out

25 08 2009

The Australian Communications and Media Authority (ACMA) has obtained an enforceable undertaking from MYOB Australia E1 Pty Ltd for breaches of the Spam Act 2003.

Following an investigation by the ACMA, a SmartyHost, division of MYOB was found to have been sending emails to people who had unsubscribed from its mailing lists. The ACMA found that SmartyHost had not actioned the unsubscribe requests.

Chris Chapman, Chairman of the ACMA said:

The Spam Act makes it clear that commercial electronic messages cannot be sent without the consent of the recipient….. As such it is central to the working of the scheme that recipients of such messages have the right to withdraw their consent at any time.

s18 of the Spam Act 2003 makes it a specific requirement that commercial electronic messages must have an unsubscribe facility (that works!) which must remain active for at least 30 days after the message is sent.

The ACMA’s action is consistent with its recent get tough approach to enforcement of Spam and the Do Not Call Register

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