By Andrew Starke

The Australian Communications and Media Authority (ACMA) has issued a formal warning to Coca-Cola South Pacific (CCSP) after investigating alleged breaches of the Spam Act 2003.

The censure is the result of a marketing campaign that promoted certain Coca-Cola products via SMS.

The watchdog accepted enforceable undertakings from three other companies: Vodafone Hutchison Australia, New Dialogue and Big Mobile for similar offences, some relating to the same campaign.

“The ACMA considers that well resourced companies should be compliance leaders,” ACMA Chairman, Chris Chapman, said. “There is no excuse for them to fall short in their obligations under the Spam Act for SMS marketing campaigns.”

The ACMA has accepted an enforceable undertaking from VHA, which includes a financial component of $110,000.

The undertaking was offered by VHA in response to three ACMA investigations into alleged breaches of the Spam Act (including the Coca-Cola marketing campaign).

The ACMA has also accepted enforceable undertakings from media agency New Dialogue and content aggregator Big Mobile in relation to the Coca-Cola marketing campaign.

In accordance with its enforceable undertaking, New Dialogue has paid an amount of $22,000.

Big Mobile has undertaken to pay compensation to each recipient of any SMS message that breaches the Spam Act during the term of the enforceable undertaking (12 months).

“Also as a result of the ACMA’s findings, a formal warning has been issued to CCSP for causing commercial electronic messages to be sent without an unsubscribe facility and not providing contact information, as required under the Spam Act,” said Chapman.

The enforceable undertakings provided by VHA, New Dialogue and Big Mobile are available on the ACMA’s website.

Complaints about spam can be made by calling the ACMA on 1300 855 180 or by clicking here.

The Shout Team

The leading online news service for Australia's beer, wine, spirits and hospitality industries.

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