The Australian Communications and Media Authority
(ACMA) have fined Nokia A$55,000 ($58,000) for
spamming customers and said the Finnish company should
change its text message (SMS) marketing.
ACMA, Australia's regulator for broadcasting, the
internet, radiocommunications and telecommunications,
commenced an investigation into the Finnish company's
SMS marketing activity after complaints that customers
could not work out how to unsubscribe from 'tips' sent
by Nokia. In particular, the messages did not include
details of how Nokia could be contacted, as required
by Australia's Spam Act 2003.
ACMA's investigation found that while a number of the
'tips' provided customers with factual information
about their mobile phone handsets, some of them
amounted to promotion of Nokia's products and
services, including mobile phone accessories, and that
the messages therefore needed to include an
"SMS allows businesses to reach their customers no
matter where they are or what they are doing," said
ACMA Acting Chairman, Richard Bean. "But with that
opportunity come responsibilities under the Spam Act,
including the obligation to include an unsubscribe
facility in marketing messages."
In response to the ACMA's investigation, Nokia
Corporation has undertaken to appoint an independent
consultant to audit its systems and processes;
develop a plan to carry out the independent
consultant?s recommendations; train its employees
engaged in SMS marketing about complying with the
requirements of the Spam Act and finally, make a
payment of A$55,000 ($58,000).
"Some businesses are still not getting SMS marketing
right. The same rules apply to SMS marketing as for
email marketing, and the same rules apply to all
businesses, big and small," Mr Bean said.