ACMA alleged that mBlox sent a ‘significant number’ of electronic messages promoting a premium ringtone download service to mobile phones, on behalf of an unnamed premium mobile content provider, without providing notification of how to unsubscribe from the subscription.
The company is based in the United States, however the ‘global nature of mobile communications means all international businesses using SMS for marketing in the Australian market need to be aware of their obligations under the Spam Act, irrespective of where [they are] based,’ according to Chris Chapman, ACMA Chairman.
“Many Australians may not be aware that SMS-based commercial messages must comply with the Spam Act,” said Chapman.
“As is the case with emails offering products or services, commercial SMS messages must be sent with the recipient’s consent, have clear and accurate sender identification, and notification of a functioning unsubscribe mechanism.
“Consumers should be aware that if they receive unsolicited commercial SMS messages, they can make a complaint to ACMA under the Spam Act,” Chapman advised.
The fine is the latest in a series of infringement notices to be handed out by ACMA.
Dodo was fined $147,400 after an offshore call centre it used called numbers listed on the Do Not Call register.
Earlier this month, Brisbane-based ISP We.net.au also copped an $8,000 fine for trying to charge fees to customers that complained about them to the Telecommunications Industry Ombudsman (TIO).
mBlox cops $11,000 of ACMA’s wrath
By Staff Writers on Oct 30, 2008 2:49PM