ACMA indicates that its
investigation found a decision by Grays that an email campaign introducing its GraysEscape website was not promotional, was incorrect. As a result of the decision, Grays sent messages without an opt-out facility and to some people who had previously withdrawn their consent to receiving marketing messages.ACMA imposed a $15,500 infringement notice on Minardi Pty Ltd, owner of the Melbourne nightclub Brown Alley, for sending promotional SMS messages that did not comply with the Act. Its investigation found some of Minardi’s messages did not include contact details. Others were missing an opt-out facility. Some messages had neither of the requisite features.
The SMH states that Minardi
had already received five warnings about its text-message marketing over three years. But the authority lost patience and started a formal investigation after complaints spiked in December 2012. It found that of nine marketing messages sent in December, five did not include contact information and eight did not have opt-out information. This totalled more than 50,000 breaches of the act.That's $0.30 per dud message.