find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
ACMA wins first SMS spam case

ACMA wins first SMS spam case

The Australian Communications and Media Authority (ACMA) has been successful in its first SMS spam case before the Federal Court. The matter relates to the sending of unsolicited commercial SMS…

The Australian Communications and Media Authority (ACMA) has been successful in its first SMS spam case before the Federal Court.

The matter relates to the sending of unsolicited commercial SMS messages. ACMA has obtained injunctions and declarations against a number of parties involved.

Justice Logan gave default judgment against five respondents concerning breaches of the Spam Act 2003.

"This is the first SMS spam case that ACMA has brought before the courts," said Chris Chapman, Chairman of ACMA. "The significant resources that ACMA has put into this matter again demonstrates our commitment to protecting Australians against illegal conduct."

ACMA instituted proceedings against eight respondents in the Federal Court in Brisbane in December 2008 alleging contraventions of the Spam Act 2003 and the Trade Practices Act 1974 in relation to premium SMS chat services. It alleged that the respondents were engaged in a complicated scheme to obtain mobile phone numbers from members of dating websites, using fake member profiles, in order to send commercial electronic messages by SMS.

Unsolicited messages were then sent to those mobile phone numbers, offering the opportunity to chat via SMS using services described as the "Safe Divert" or "Maybemeet" services. In delivering his judgment, Justice Logan noted that the conduct alleged disclosed "sustained and systemic violation of statutory prohibitions rather than a mere isolated aberration".

A hearing as to penalty is pending against the five aforementioned respondents.

The judgment was released 14 August. A further hearing is scheduled to commence on 30 November against the remaining three respondents.

The ACMA also successfully pursued Telstra for making unsolicited calls earlier this week, forcing the Telco to pay $101,200 in fines after an investigation revealed that one of its external call centres in Australia made telemarketing calls to numbers listed on the Do Not Call Register (the Register).

Telstra has also entered into a wide-ranging enforceable undertaking with the ACMA, which includes the appointment of an external consultant to review Telstra's systems and procedures for compliance with the Do Not Call Register Act 2006 (the Act).

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

ACMA wins first SMS spam case
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Consultation
06:04
Lawyers slam rushed consultation for SA repeat offenders bill
The Law Society of South Australia has expressed concern for a proposal to roll out new laws amendin...
IBA
06:03
The pursuit of happiness in the law
A panel of legal experts have explored how to define success in the legal profession, and how lawyer...
Queensland University of Technology, ruby milestone
06:00
Queensland law school reaches ruby milestone
Celebrating 40 years since establishing a law course in 1977, the Queensland University of Technolog...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...