Grays (NSW) Pty Limited, which runs the GraysOnline shopping websites, has been ordered to pay a $165,000 infringement notice after sending marketing emails that did not comply with the Spam Act.
The company claimed that an email campaign introducing its GraysEscape travel website was not promotional. However, an Australian Communications and Media Authority (ACMA) investigation found this was incorrect.
According to the consumer watchdog, GraysOnline sent emails which did not have an opt-out facility and to some customers who had already withdrawn their consent to receive marketing messages.
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ACMA deputy chairman Richard Bean said the case demonstrates the domino effect that one wrong decision can have.
“Businesses take a huge risk if they decide an email doesn’t need to comply with the Spam Act,” he said in a statement.
“This conduct involved a conscious decision by an experienced e-marketer. The consequences of getting it wrong can be severe-from potential penalties to damaging your reputation.”
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