Blatant Do-Not-Call violator fined | News | TV Online

Blatant Do-Not-Call violator fined

By David HeathThursday, 16 June 2011 14:45

IT Policy – Regulation

Is making 12,000 calls to people on the Do Not Call Register blatant enough to attract a significant fine?  ACMA thinks so.

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The Do Not Call Register Act (2006 and amended in 2010) prohibits any Australian-based business from calling any such-registered telephone number for the purposes of telemarketing.  Originally configured to expire automatically after three years, the 2010 amendment to the Act extended the expiry to five years.

Following action by ACMA in the Federal Court, FHT Travel Pty Limited (FHT Travel) and its sole director Yvonne Earnshaw breached the Do Not Call Register Act 2006 by making, or causing to be made, more than 12,000 marketing calls to people who had placed their telephone numbers on the Do Not Call Register.

Gold Coast-based FHT Travel was ordered to pay a civil penalty of $120,000 and the Court granted injunctions restraining both FHT Travel and Ms Earnshaw from making certain telemarketing calls, without first notifying the ACMA, for a period of five years.

“This case and the penalty imposed should remind telemarketers of the serious consequences of breaching the Do Not Call Register Act,” said ACMA Chairman, Chris Chapman. “Telemarketers must respect the choice of people who have opted out of receiving their calls.”

According to a search on the ASIC website, the company FHT Travel is in the process of being struck off the Register of Companies; one would hope that as sole Director, Earnshaw will be required to pay the fine in her own stead.

Anyone not currently on the Do Not Call Register may do so by visiting the website or by contacting ACMA by telephone on 1300 792 958.  This service also includes business fax numbers.

At $10 per call, one hopes it was worth it.

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