The Australian Communications and Media Authority (ACMA) has launched Federal Court action against promotions company Urban Agent after it failed to comply with an investigation into its e-marketing.
ACMA has launched proceedings due to Urban Agent's failure to provide quaterly audit reports. The audits were among several requests issued to Urban Agent by ACMA following its 2011 investigation, which found the company's e-marketing activities to be a possible breach of the Spam Act.
Urban Agent had sent promotional text messages without a formal name or information on how to opt out of receiving further messages.
The company was asked to pay a fine of $4500, audit its SMS marketing practices, and teach its direct marketing employees about the requirements of the Spam Act, in addition to providing the quaterly compliance reports for a period of two years. It is unknown whether Urban Agent met the other requirements.
Based in Sydney, the company describes itself as "Australias biggest night club and concert promoter" which runs of a "strict diet of hard work and lots of partying". It hosts weekly events at CBD hot spot, Bamboo @ Verandah Bar, claiming to attract thousands of party-goers each week for several years.
ACMA, which regulates broadcasters, said in a statement: "Enforceable undertakings are an important mechanism provided for under the Spam Act and other legislation administered by the ACMA. The ACMA regards compliance with an undertaking freely given to it as a serious matter and expects that the obligations in the undertaking will be complied with in full.
"Where they are not, the ACMA will take all necessary measures, including court action, to ensure that the obligations contained in the undertaking are met."
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