Grays, the parent company of the GraysOnline auction network, has been hit with a $165,000 infringement notice by the Australian Communications and Media Authority (ACMA) for breaching the Spam Act.
The penalty is the largest of its kind for an out-of-court fine for breaching the act since it was legislated 10 years ago.
An investigation by the ACMA revealed a decision by Grays to treat an email campaign introducing its GraysEscape website as not promotional was incorrect.The decision led Grays to send messages without an opt-out facility to more than 700,000 people, including to more than 300,000 people who had previously unsubscribed.
The Spam Act requires that all marketing emails are sent with the consent of the recipient and include an option for recipients to opt-out of receiving further marketing messages.
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