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Australian SMS Firm Agrees to Abide by Anti-Spam Laws

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The Australian Communications and Media Authority has accepted an enforceable undertaking from Oxygen8 Communications, after investigating complaints under the Spam Act 2003 that commercial messages in the form of SMS were sent by content providers using Oxygen8 Communications' technology platforms.

Oxygen8 Communications has undertaken to monitor the messages being sent using its systems and suspend the provision of its services to mobile content providers when likely breaches of the Spam Act are detected. Oxygen8 Communications has also undertaken to provide training to its employees and its customers on the provisions of the Spam Act.

ACMA is also currently conducting investigations into a number of the content providers involved.

"ACMA welcomes Oxygen8 Communications' willingness to assist in improving compliance with the Spam Act," said Chris Cheah, Acting ACMA Chairman. "All businesses using SMS to promote their products and services need to be aware of their obligations under the Act. Oxygen8's commitment to provide training will help to ensure that the SMS messages being sent to consumers are done so in compliance with the Act."

Oxygen8 Communications is one of Australia's largest content aggregators in the mobile telecommunications industry and provides a range of services to mobile content providers including the delivery and billing of premium messages and customer relationship management.

In 2007 and 2008, ACMA received a number of complaints alleging that SMS from content providers using Oxygen8 Communications' technology platforms were sent in breach of sections 16, 17 or 18 of the Spam Act 2003, which requires that commercial electronic messages are sent with consent, clear sender identification and a functional unsubscribe.

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Tags: sms  spam  australian communications and media authority  acma  billing  mobile content  Australia