Optus cops $504,000 fine for email, SMS spam

Optus has been hit with a $504,000 infringement notice for sending customers marketing SMS and emails after they had unsubscribed.

An investigation by the Australian Communication and Media Authority found the carrier sent unwanted marketing material to customers between 1 June and 4 December 2018, and also sent some commercial emails without an unsubscribe option.

ACMA chair Nerida O’Loughlin noted it was the second largest infringement notice paid to the communications watchdog.

“It reflects the seriousness of breaches made by Optus and its failure to honour its customers’ wishes to unsubscribe, in some cases on multiple occasions,” said O’Loughlin.

“Australians find spam infuriating and as a regulator it is something we are actively cracking down on.”

Optus has since agreed to appoint an independent consultant to review its systems and policies in order to comply with spam rules. O’Loughlin said if these are not met, ACMA will consider taking court action.

“The undertaking should significantly reduce the risk of ongoing non-compliance, however the ACMA will be actively monitoring Optus’ compliance with its commitments.”

ACMA has received $1,127,000 in infringement notice payments over the past 18 months relating to breaches of Australia’s spam and telemarketing laws.