Telstra fined for Do Not Call breaches
Telstra has paid a $101,200 infringement notice for telemarketing to numbers on the Do Not Call Register more than 30 days after they were registered.
ACMA announced its biggest scalp yet under the new law, following an investigation into calls made by an offshore call centre on behalf of Telstra. Inexplicably, Telstra allowed illegal calls to continue after ACMA had raised concerns based on several complaints.
“The investigation found that inadequate compliance systems, procedures and supervision had contributed to calls being made to numbers on the Register where the consumers were not existing Telstra customers.”
Telstra may be the biggest Do Not Call catch so far for ACMA, but it’s not the record penalty payer. That ‘honour’ belongs to Dodo at $147,400.
ACMA confirms 2009/10 Do Not Call washing fees
ACMA has announced that excess usage fees for list washing will be abandoned from 1 July 2009. Instead a so-called ‘annual subscription’ will in fact be a block prepurchase of washing credits that will normally expire if not used within 12 months.
If a telemarketer’s remaining ’annual’ subscription credits aren’t sufficient to pay for washing a submitted list in less than 12 months, they will have to buy a new ‘annual’ subscription before that list can be washed. In that case, any unused credits from the first subscription will be rolled over into the second one.
ACMA has made the change because 90% of list washing ‘access seekers’ are already estimating their requirements pretty accurately. If they keep doing that, the new block prepayments will usually cover a year’s use. If not, access seekers may find their annual subscriptions aren’t actually annual. Wonder what ACCC would make of a CSP that advertised an ‘annual’ fee that may or may not cover a year 
Keep reading for the full table of rates, showing the comparison with 2008/09.
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ACMA seeks input on DNCR Best Practice Guidelines
ACMA is seeking public comment on proposed DNCR Act Best Practice Guidelines for complying with the Do Not Call Register Act 2006.
We’ve previously poked ACMA’s eye about keeping its thoughts to itself too much, so it’s great to see a move towards a thorough, straight-talking booklet that offers detailed guidance on the regulator’s experience and how it sees things.
“The draft guidelines have been drawn from consultation with telemarketers who have implemented thorough and effective compliance systems, as well as experience gained through ACMA investigations into non-compliance. Put simply, ACMA has looked to industry for what does work, and has observed through its investigations what doesn’t work.”
We’ll certainly be reviewing the draft carefully and making a few suggestions.
Comments and queries can be directed to robert(dot)urquhart(at)acma(dot)gov(dot)au. Close date for comments is Friday 13 February 2009.
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.
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Dodo stung hard for DNCR Act breaches
This week’s record fine for breaches of the Do Not Call Register Act does more than sting national ISP Dodo, the unhappy record holder.
It ends an information drought for Australian businesses that use contract call centres for telemarketing.
As a regular contributor to the coffers of the Telecommunications Industry Ombudsman, Dodo is no stranger to regulatory imposts. But the speed at which big Do Not Call fines can accumulate should alarm even the most blasé operator.
Just 67 non-compliant telesales calls translated into a $147,400 penalty.
Do Not Call Register set to increase its reach
The Australian Communications and Media Authority has released a discussion paper on possible extensions of eligibility to join the Do Not Call Register.
It goes as far as the idea that all Australia phone numbers could be allowed to register.
There’s a short period for public submissions.
Spot check: Does your outbound telesales contract comply with section 12 of DNCR Act?
The Australian Communications and Media Authority is showing that the Do Not Call Register Act 2006 has teeth. $100k+ penalties have already been imposed.
In this Spot Check, we’ll see if your outsourced contract for outbound sales calls complies with section 12 of the DNCR Act.