The three pillars of commercial email law in Australia and New Zealand are the same in both countries – have consent, identify yourself, and have a functioning and actioned unsubscribe facility.
This week the Australian Communications and Media Authority (ACMA) has issued Tiger Airways (a Singapore Airlines backed operator) with an $110,000 infringement notice — for failing to unsubscribe customers from marketing emails. Tiger must now launch a program of audits, reviews, training and process to improve their email practices.
This follows similar action and outcome last year when Virgin Blue was fined for having an unsubscribe link that malfunctioned over a relatively short period of time.
‘This is one of a number of investigations in which the ACMA has found businesses have allowed faulty unsubscribe facilities to continue, in spite of repeated customer complaints,’ said ACMA Deputy Chairman Richard Bean.
‘This action is another reminder to businesses that they should pay attention to what their customers are saying, test their email unsubscribe facilities regularly, and not simply set and forget them. Tiger has now committed to ensuring its unsubscribe facilities are functional and effective.
‘Marketing to customers who have unsubscribed is not only against the law, it causes consumer frustration and that ultimately damages a business’s reputation,’ he added.
The ACMA highlights that marketing to recipients who do not want to receive your emails is not a successful business strategy. If any of your email recipients are in Australia then it’s probably a great idea to sign up for the ACMA’s emarketing blog.
Action for commercial email breaches in New Zealand is detailed on the website of the Department of Internal Affairs, who manage enforcement of NZ’s UEM Act.
If you have any questions regarding the best practice management of your emarketing databases and mobile and email marketing programs, feel free to post them here and we will answer them here too – or if you prefer, email roanne@jericho.co.nz









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