17 June 2011

Bad Calls

The Australian Communications & Media Authority (ACMA) has publicised a decision under the Do Not Call Register Act 2006 (Cth), with Queensland-based telemarketer FHT Travel being fined $120,000 for making 12,507 calls to numbers on the Do Not Call Register.

That is the first court-imposed penalty under the national DNC statute. In January ACMA gained an enforceable undertaking (including payment of $110,000) over misbehaviour by Virgin Blue, with the airline committing to "a thorough overhaul and independent assessment of its email marketing practices".

The Federal Court in Queensland has also issued an injunction preventing Yvonne Earnshaw, FHT's owner, from making unsolicited phone calls related to travel or hospitality without first notifying ACMA.

Ms Earnshaw faces payment of ACMA's costs. All in all it's bad news for a business with what appears to have a bad profile, indicated in adverse comments by the ACCC and the Qld Office of Fair Trading over several years and penalties after prosecutions under the Travel Agents Act 1988 (Qld) and Fair Trading Act 1989 (Qld).

FHT Travel is reportedly being struck off the Register of Companies by the Australian Securities &Investments Commission