Computerworld

ACMA hits CommSec with enforceable undertaking

Communications regulator alleges spamming by the CommBank subsidiary
  • Tim Lohman (Computerworld)
  • 01 February, 2010 12:04

The Australian Media and Communications Authority (ACMA) has slapped Commonwealth Bank subsidiary CommSec with an enforceable undertaking for the alleged sending of commercial messages to customers after they had withdrawn their consent.

According to the communications regulator, CommSec also conducted email campaigns in January, February and March 2009 which did not provide an option to unsubscribe.

Under the enforceable undertaking CommSec has agreed to pay $55,000 and has undertaken to review its compliance systems.

The organisation will also appoint an independent consultant to assess CommSec’s system reviews, conduct quarterly audits on its email campaigns for 12 months and introduce an annual training program.

According to ACMA, CommSec had sent approximately 6.8 million commercial electronic message to its customers in the 12 months prior to the enforceable undertaking.

In October last year, Vodafone Hutchison Australia (VHA) made a 'voluntary payment' of $110,00 to ACMA for breaches of the Spam Act 2003.

The payment, also part of an enforceable undertaking, related to breaches of the Act that VHA - along with Coca Cola South Pacific (CCSP), New Dialogue and Big Mobile - made during a marketing campaign that promoted certain Coca-Cola products through SMS.