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Do Not Call breaches caught

Aug 15, 2013

Two businesses have been caught out by the Australian Communications and Media Authority for breaching the Do Not Call Register.

Investigations by ACMA revealed telecommunications provider Teleus and holiday accommodation deals promoter Flexi Marketing Solutions made calls to numbers on the register.

Both Teleus and Flexi Marketing have accepted enforceable undertakings from the communications watchdog, which stipulates the companies keep comprehensive records of all telemarketing calls they, or call centres, make.

Flexi Marketing has also undertaken to include a term in all future contracts with call centres requiring that they comply with the Do Not Call Register Act.

ACMA investigations manager Julia Cornwell-McKean said the undertakings give ACMA access to future call records to ensure compliance.

“In the case of these businesses, they’ve guaranteed to ensure no more calls will be made to people on the Do Not Call Register and they will keep comprehensive records,” she said.

“This is really important because they’re going to make the records available to the ACMA whenever we want them to check they’re compliant.”

Flexi Marketing and Teleus have not responded to media inquiries.

Almost nine million people have signed up to the register since it came into effect in 2007.

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In the past year, approximately one million more people have joined the list.

Within this time, ACMA has investigated more than 50 businesses, issued 26 formal warnings, accepted 24 enforceable undertakings and issued 13 infringement notices.

Cornwell-McKean says in the past year the watchdog has received 20,000 complaints, but generally most businesses are compliant.

“Of the ones we warn, very few end up as the subject of an investigation.

“It’s not a new law now, but I think in these cases we’re talking about sloppiness, rather than a lack of awareness. These businesses weren’t watching things as closely as they ought to be and this is also a common thing across the Spam Act.”

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