The ACMA

The ACMA

Formal warnings index page

In certain instances, the ACMA is empowered to issue a formal warning. A formal warning not only places a person on notice that the ACMA has identified issues of concern, thereby providing them with an opportunity to address those issues, but also warns them that stronger enforcement action may be taken if the non-compliance is not rectified or it recurs.

2013

  • November - The ACMA has issued a formal warning to Telcomo Pty Ltd for contravening the Telecommunications Consumer Protections Code 2012 (TCP Code). The ACMA found that Telcomo contravened key provisions of the TCP Code relating to customer transfers. The media release was issued on 15 January 2014.
  • October—The ACMA has issued a formal warning to ACRIS Services Ltd for sending marketing emails without the consent of the recipients as required by the Spam Act 2003. The media release was issued on 16 October 2013.
  • October - The Australian Communications and Media Authority has formally warned 95 telecommunications service providers for breaching clauses 9.3.1(a) and 9.4.1(a) of the TCP Code, that required them to submit compliance documents to Communications Compliance by 1 April 2013. The media release was issued on 10 October 2013.
  • September - The Australian Communications and Media Authority (ACMA) has formally warned Telstra for breaching the Telecommunications Consumer Protection Code 2007 (TCP Code)... The TCP Code requires providers to bill customers accurately allowing for certain exceptions. The ACMA investigation found that Telstra could rely on this exception only until early 2009. The media release was issued on 16 September 2013.
  • September - The ACMA has issued a formal warning to DND Media Pty Ltd, an e-marketer sending daily discount offers, following an investigation into its compliance with the Spam Act 2003. The warning relates to marketing emails that were sent by DND Media without the consent of the recipient, in contravention of the Spam Act.
  • August - The Australian Communications and Media Authority has formally warned Skink Marketing Pty Ltd and Lime Telecom Pty Ltd to comply with the Telecommunications Consumer Protections Code (TCP Code). The ACMA found that the firms failed to make Critical Information Summaries available for their pre-paid calling cards as required under the TCP Code.
  • May - Vodafone Pty Ltd failed to prominently display its standard charges for a mobile phone offer giving rise to an Australian Communications and Media Authority formal warning for breaching the Telecommunications Consumer Protections Code. The media release was issued on 30 May 2013.
  • May - The ACMA has warned service provider Southern Cross Telco for incorrectly emailing invoices to more than 1,000 customers who weren't the account holder. The media release was issued on 27 May 2013.
  • May - The Australian Communications and Media Authority has formally warned iTalk (Australia) Pty Ltd to comply with the Telecommunications Consumer Protections Code (TCP Code). The ACMA found that iTalk failed to make Critical Information Summaries available for its plans as required under the TCP Code.
  • May - The ACMA has formally warned telco provider Clear Networks to comply with the Telecommunications Consumer Protections Code (TCP code) after finding its Financial Hardship Policy (FHP) didn’t have company contact time details and only scant information about where customers could locate community financial counsellors. More information about FHPs is available.
  • April - Activ8me and Sure Telecom failed to make critical information summaries available (CIS) available to customers, giving rise to Australian Communications and Media Authority formal warnings for breaching the Telecommunications Consumer Protections Code. The media release was issued on 10 April 2013.
  • April - The ACMA has formally warned AAPT Limited after it failed to protect the privacy of its customers' information as required by the Telecommunications Consumer Protections Code (TCP). The media release was issued on 24 April 2013.
  • March - The ACMA issued a formal warning to Groupon Australia Pty Ltd, for sending messages without consent and an unsubscribe facility, in breach of the Spam Act. The media release was issued on 14 March 2013.
  • January - Online bookmaker Betezy Pty Limited has paid a $6,600 penalty after an investigation found that it sent email newsletters and SMS campaigns without including an option to unsubscribe, as required by the Spam Act. The media release was issued on 17 January 2013.

2012

  • December - The ACMA issued a formal warning to McDonalds Australia Limited under the Spam Act in relation to a ‘send to friends’ facility on the McDonald’s Happy Meal website. The media release was issued on 18 December 2012.
  • October - The ACMA issued formal warnings to A.AAAAAAAAbbey Home Services Pty Ltd, trading as Barry's Plumbing and Electrical, for sending SMS marketing messages without the recipient's consent-a breach of the Spam Act. The formal warning was issed on 5 October 2012.
  • September - The ACMA issued formal warnings to APTR Pty Ltd trading as Coronis Realty and Illumilite Pty Ltd for not complying with the DNCR Act by maketing telemarketing calls to numbers registered on the DNC register.
  • September - The ACMA issued formal warnings to Aussie Web Tech Pty Ltd and MyCRA Pty Ltd for sending messages without an unsubscribe facility, in breach of the Spam Act. The media release was issued on 6 September 2012.
  • June - The ACMA issued a formal warning to Duct Masters Vic Pty Ltd for not complying with the DNCR Act by maketing telemarketing calls to numbers registered on the DNC register.
  • May - The ACMA issues formal warning to Lycamobile Pty Ltd for contravening the service provider rule in Clause 1 of Part 1 of Schedule 2 to the Telecommunications Act 1997; subsection 148(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and paragraph 41(a) of the Telecommunications (Emergency Call Service) Determination 2009. The media release was issued on 17 May 2012.
  • May - The ACMA issues formal warning to Global Billing Solutions Pty Ltd for sending messages without consent and an unsubscribe facility, in breach of the Spam Act. The media release was issued on 16 May 2012.
  • April - The ACMA issues a formal warning to 'daily deals' website promoter, Moosta Pty Ltd, for sending messages without an unsubscribe facility, in breach of the Spam Act. The formal warning was issued on 4 April 2012.
  • April - The ACMA issues a formal warning to Melbourne based travel business Ezystays Pty Ltd, for sending messages without consent, in breach of the Spam Act. The media release was issued on 3 April 2012.
  • February - The ACMA issues formal warnings to Select Print Solutions Pty Ltd and SThree Australia Pty Ltd for not complying with the Spam Act for sending messages without consent. The media release was issued on 9 February 2012.

2011

  • September - The ACMA isses a formal warning to Mr Brian Hurrell trading under the business name All State, Grout and Carpet Cleaning Services for not complying with the DNCR Act by maketing telemarketing calls to numbers registered on the DNC register.
  • September - The ACMA issues a formal warning to General Green Pty Ltd trading as Solar Today for not complying with the DNCR Act by maketing telemarketing calls to numbers registered on the DNC register.
  • September - The ACMA issues a formal warning to 24x7 Direct Pty Limited for not complying with the DNCR Act by maketing telemarketing calls to numbers registered on the DNC register.
  • September - The ACMA issues a formal warning to Apus Corporation Pty Ltd for sending messages without consent, in breach of the Spam Act. The media release was issued on 28 September 2011.
  • August - The ACMA issues a formal warning to Image Marketing Group Limited for not complying with the Spam Act for sending messages without consent. The media release was issued on 7 September 2011.
  • July - The ACMA issues a formal warning to Astute Corporation Pty Ltd for not complying with the Spam Act for sending messages without consent. The media release was issued on 10 August 2011.
  • June - The ACMA issues formal warning to EDirect Pty Ltd trading as VIPTEL for not complying with the DNCR Act by maketing telemarketing calls to numbers registered on the DNC register.
  • June - The ACMA issues formal warning to Lighthouse Sourcing Incorporated trading as Virtual PC Doctor for not complying with the DNCR Act by making telemarketing calls to numbers registered on the DNC register.
  • June - The ACMA issues formal warning to National Tutoring Pty Ltd for not complying with the DNCR Act by making telemarketing calls to numbers registered on the DNC register.
  • May - The ACMA issues formal warning to Pearl Media Pty Ltd for not complying with the DNCR Act by making telemarketing calls to numbers registered on the DNC register.
  • February - The ACMA issues two formal warnings to SNX Pty Ltd-trading as Premier Auto Wholesale-and Home Loan Selection Services for not complying with the Spam Act for sending messages without consent. The media release has more information.

 

Last updated: 11 February 2014

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