SmartyHost, a business division of MYOB Australia, was found guilty of breaching the Spam Act 2003 for continuing to send commercial electronic messages in the form of emails to people who had already requested to be taken off its mailing list.
The investigation by the Australian Communications and Media Authority (ACMA) established that these unsubscribe requests were not being actioned by SmartyHost.
By continuing to send emails to unactioned opt-outs, the company was thus found in breach of the provisions of the Spam Act.
According to ACMA, the “Spam Act establishes that consent to receive commercial electronic messages is considered to be withdrawn 5 business days after any request to unsubscribe or opt out.”
MYOB Australia had committed to rectify the situation by instituting measures including the development of training programs and instituting quality assurance processes, ACMA reported.