Test yourself: How far back can a telco or ISP back bill ?
How far back can a CSP go in billing charges after the billing period in which they were incurred ?
Clue … there’s a Communications Alliance Code that’s relevant, and a TIO policy.
Telcos are main offenders under Do Not Call law
ACMA today revealed that more than half of all complaints about illegal telemarketing calls relate to phone plan offers.
‘ACMA has embarked on a campaign to improve telecommunications compliance that includes formal investigations, warnings, detailed letters putting individual providers ‘on notice,’ and an industry newsletter specific to the telco industry which provides practical advice about adhering to compliance requirements.’
A growing list of Aussie telcos has already been on the receiving end of ACMA’s attention.
Read more
Optus fined $110k for SMS spam
ACMA has issued $110,000 in infringement notices to Optus Networks Pty Ltd for allegedly sending SMS messages without accurate sender identification, breaching the Spam Act 2003.
It seems that Optus pumped out 20,000 messages promoting its OptusZoo entertainment service, but didn’t identify itself as the responsible sender. Instead, it just quoted sender identification ‘966’. Recipients were apparently expected to work out that this meant ‘Zoo’ in keypad speak. Of course, it could also mean ‘Yom’, ‘Zom’ or ‘Xon’.
According to ACMA, Optus has paid the penalty and advised that new compliance measures have been implemented that will ensure accurate sender identification is included in all future commercial electronic messages.
More comment soon.
Turning up the heat on premium mobile service providers
We’ve previously talked about premium mobile services being a regulatory hotspot for 2009. We’ve got the ACCC getting cranky about it, a proposed new code from the Comms Alliance and ACMA beating up mBlox and TMG Asia Pacific.
In a sign that things are going to stay hot (and probably get hotter) for premium mobile service providers, ACMA has now launched Federal Court proceedings against Mobilegate Ltd (a Hong Kong company), Jobspy Pty Ltd, Winning Bid Pty Ltd and individuals associated with those companies for breaches of the Spam Act and Trade Practices Act.
TPG corrects advertising (again)
Last November, we showed why a featured promo on TPG’s web site didn’t comply with advertising laws. Not long after, the advert was fixed.
In December, we picked up another TPG home page blooper. Again, it’s been repaired.
Maybe somebody at TPG is reading CSP Central. 
CSP advertising law seminar notes released
Last month, lawyers Logie-Smith Lanyon presented a master class on CSP advertising law to a great mix of telco and ISP staff, and advertising industry people.
Feedback has been terrific, and we’ve been asked to make the seminar notes available for download.
A warning: If you want dull, boring, impractical lawyerspeak, keep away from this download. That’s not how Peter Moon and Victor Ng do it. If you like what you find, don’t miss LSL’s next presentation of this seminar, coming in March.
ACCC catches fake ‘free beer’ offer
Who’d believe it could happen in Australia ? A trader advertising a ‘free beer’ special and bumping up the price of the main product to pay for it.
We thought fake ‘free beer’ ads were a myth. After all, beer is sacred stuff. Who would mislead the public about it ? South Australian wine retailer Moving Juice, it seems.