Cellarmaster Wines fined for spam

Woolworths' direct marketing wine retailer, Cellarmaster Wines, has been fined $110,000 after the Australian Communications and Media Authority (ACMA) found it had sent marketing messages that did not comply with the Spam Act.

Some of the messages, which promoted Cellarmaster's website, were sent without an opt-out facility, while others were sent to customers who had previously chosen to opt out of its email promotions, according to ACMA.

"This is simply a case where a business has failed to take sufficient care in managing its Spam Act responsibilities," said ACMA Chairman, Chris Chapman.

Chapman said the result was that Cellarmaster Wines had found itself “in hot water, not only with the ACMA but also with its customers”.

The Spam Act 2003 regulates commercial electronic messaging, including emails, SMS messages, MMS messages and instant messaging, in Australia. It requires that marketing emails are sent only with the consent of the recipient and provide an opportunity for recipients to opt out of receiving further marketing messages.

According to ACMA, businesses must action unsubscribe requests within five business days. The unsubscribe facility must be clear and obvious to the recipient, and must be included in all commercial electronic messages.