Online wine retailer fined $200,000 for spam SMS

Tayla Foster
By Tayla Foster | 12 May 2022
Credit: Adem Ay via Unsplash

Online retailer The Wine Group Pty Ltd has been fined $204,240 after the Australian Communications and Media Authority (ACMA) discovered it breached multiple spam and telemarketing laws.

The ACMA found The Wine Group, operating under the names Oak Road Estate and Top Drop, sent unsolicited SMS to consumers who had attempted to unsubscribe, made telemarketing calls to phone numbers after the consumers withdrew their consent to receive those calls, and failed to terminate telemarketing calls upon customer request.

ACMA Chair Nerida O’Loughlin said: "People choose to opt out from receiving marketing SMS and calls, sometimes for deeply personal reasons. Industry must respect those consumer choices."

"We received a number of complaints from people who stated The Wine Group’s unwanted marketing caused them significant stress and frustration due to their personal circumstances."

The ACMA’s investigations concluded that The Wine Group breached the Spam Act 2003, the Do Not Call Register Act 2006 and the Telecommunications Industry Standard 2017.

The ACMA has accepted a comprehensive three-year court-enforceable undertaking from The Wine Group requiring it to appoint an independent consultant to review its compliance with spam and telemarketing rules, and to make improvements where needed.


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