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Australia: ACMA fines Outdoor Supacentre AUD 302,500 for sending unsolicited direct marketing messages

On January 31, 2024, the Australian Communications and Media Authority (ACMA) announced that Outdoor Supacentre Pty Ltd (Outdoor Supacentre) (trading as 4WD Supacentre) had paid a fine of AUD 302,500 (approx. $199,293) for violation of the Spam Act 2003, following various consumer complaints.

Background to the decision

ACMA stated that it received complaints that Outdoor Supacentre, a camping goods retailer, had sent marketing messages to consumers who had withdrawn their consent to receive marketing. Additionally, the complainants alleged that the messages did not have a functional unsubscribe facility.

Findings of ACMA

Following an investigation, ACMA found that between December 1, 2022, and May 4, 2023, Outdoor Supacentre sent 81,698 text messages to recipients without their consent and 1,575 texts to customers who had previously unsubscribed. 

Outcomes

In light of the above, ACMA imposed the aforementioned fine on Outdoor Supacentre. In addition to the fine, ACMA also issued an enforcement undertaking to Outdoor Supacentre, requiring the company to appoint an independent consultant to review its compliance with spam rules, make improvements where needed, and report regularly to ACMA.

You can read the press release here, the infringement notice here, and the enforceable undertaking here.