ACMA warns Notebooks R Us of Spam Act breach

The Australian Communications and Media Authority (ACMA) has issued a formal warning to Melbourne-based laptop retailer, Notebooks R Us, following an investigation that found the company in breach of the Spam Act 2003.

Notebooks R Us was found sending commercial electronic messages without consent of the recipients, in breach of the Act.

Julia Cornwell McKean, manager of the Anti Spam team at ACMA, told CRN that in this case the warning was at "the lower end of the scale".

"We found a small number of contraventions in relation to the consent provisions of the Spam Act. In this case there were four contraventions.

"We think there was the potential that perhaps there was more but we didn't have more complaints or evidence," said Cornwell McKean.

Cornwell McKean said ACMA relies on complaints for consent provisions before it can establish a breach.

"A small number can represent a far broader problem," she said.

CRN has contacted Notebooks R Us for further comment.

ACMA chairman Chris Chapman said, "marketing to people who do not want to be contacted has the potential to harm business reputations," said Chapman.

"The Spam Act is not just a legal responsibility, it's also about good business sense, brand integrity and respect for consumers' privacy."

The Spam Act establishes that commercial electronic messages must be sent with the recipient's consent.

Under the Spam Act, potential penalties of up to $1.1 million per day may be imposed by the Federal Court for repeat offenders.