O’Loughlin said businesses were on notice to check how they classified messages as commercial or non-commercial.
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“The rules are clear; if a message includes marketing content or direct links to marketing content, it is a commercial message and must give people the option to unsubscribe,” she said.
ACMA has accepted an expanded three-year court-enforceable undertaking from CBA to address the most recent issues. These commit the bank to a comprehensive independent review and implementation of improvements, as well as providing appropriate resources and governance to ensure its compliance.
The maximum fine a court can give companies not complying with spam rules is $626,000 per day when it does not have a prior record. The penalty rises to $3,130,000 per day for companies with a prior record.
Over the last 18 months, businesses have paid more than $20 million in fines for breaching Australia’s spam laws.
A CBA spokesperson said the bank acknowledged and accepted ACMA’s findings and apologised for sending the non-compliant messages.
“Timely and relevant information for our customers is incredibly important, and the way we classify that information to meet our regulatory requirements and customer expectations is an absolute priority. We are committed to meeting our obligations, and we’re dedicating significant time and resources to this,” the spokesperson said.
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