Grays (NSW) Pty Limited, the company behind the GraysOnline shopping and auction sites, has paid a $165,000 infringement.
Another business has fallen foul of the Spam Act. Grays (NSW) Pty Limited, the company behind the GraysOnline shopping and auction sites, has paid a $165,000 infringement for failing to comply with the Act's provisions.
According to ACMA, the authority responsible for enforcing the Spam Act, Grays made the mistake of deciding that an email campaign to introduce the GraysEscape website was not promotional.
The company then sent these messages without the opt-out facility required by the Act.
The mailing list included people that had previously opted-out of messages from Grays.
"This case demonstrates the domino effect one wrong decision can have," said ACMA Deputy Chairman, Richard Bean. "Businesses take a huge risk if they decide an email doesn't need to comply with the Spam Act."
ACMA officials have previously advised businesses "If you’re not sure whether or not your newsletter is commercial, the safest option is to treat it as commercial. That is, include an unsubscribe option and obtain the express consent of the recipients."