By James Atkinson
Cellarmaster Wines, the Woolworths-owned direct wine sales business, has been fined $110,000 for sending marketing messages that did not comply with the Spam Act.
An Australian Communications and Media Authority (ACMA) investigation found that some of the messages, which promoted Cellarmaster Wines' online website, were sent without an opt-out facility, while others were sent to customers who had previously chosen to opt out of its email promotions.
The Spam Act requires that all marketing emails are sent only with the consent of the recipient and provide an opportunity for recipients to opt out of receiving further marketing messages.
"This is simply a case where a business has failed to take sufficient care in managing its Spam Act responsibilities," said ACMA chairman, Chris Chapman.
A Cellarmasters spokeswoman said the company takes its compliance obligations "very seriously" and it has willingly complied with the ACMA investigation of its systems.
"Due to the extensive steps taken by Cellarmasters to address the issues raised by ACMA's investigation, which included upgrading our systems and processes, ACMA has decided that an enforceable behavioural undertaking regulating Cellarmaster Wines conduct into the future was not warranted," she said.
"Cellarmasters has paid the $110,000 infringement notice."