Australian Firms Blocked from Sending SMS Spam

The Australian telecoms regulator, ACMA has won an intermediate (interlocutory) court order against three companies that it accuses of sending SMS spams. The ACMA alleges, among other things, that Mobilegate, Winning Bid and International Machinery Parts (now deregistered) sent or caused unsolicited SMS messages to be sent to Australian mobile telephone numbers via premium rate telephone shortcodes.

ACMA also alleges that misleading or deceptive representations were made to members of dating websites in contravention of the Trade Practices Act 1974. These representations were designed to entice the recipient to reply to SMS messages at a cost of up to five dollars per message.

Winning Bid was further ordered to remove or otherwise deactivate fictitious profiles on dating websites or social networking websites it has registered or placed on those websites.

"This is an important case for the Australian Communications and Media Authority", said Chris Chapman, ACMA Chairman. "We want to get the message out that the Spam Act applies to more than just email … it applies to all commercial electronic messages, which very much includes SMS."

Consent orders were also obtained from Jobspy and Scott Mark Moles to the effect that, amongst other things, they also be restrained from creating, submitting or registering profiles on dating websites and social networking sites; posting photos or images of individuals on any website without permission; or communicating with users of dating or social networking sites.

The interlocutory order was granted on 22 May 2009, subject to the court making final orders following the hearing of the matter. A date for the final hearing has yet to be set.

Posted to the site on 1st June 2009