Ticketek fined over $500k for repeated violation of Australian Spam Laws
Ticketek Pty Ltd, the Australian ticketing company, has incurred a penalty of $515,040 for violating Australian spam laws by sending approximately 98,000 unsolicited texts and emails throughout 2022.
An investigation conducted by the Australian Communications and Media Authority (ACMA) revealed that Ticketek dispatched approximately 41,000 marketing texts and emails without obtaining consent from the recipients. Around 57,000 texts and emails were sent to individuals who had previously unsubscribed from Ticketek’s communication list.
This is not the first time Ticketek has run afoul of the Spam Act. ACMA had previously issued a formal warning to the company in 2019 for similar breaches. ACMA Chair Nerida O’Loughlin expressed disappointment over Ticketek’s repeated violations of spam laws despite the prior warning, emphasising that such actions infringed upon Australians’ privacy.
“Australians are fed up with these types of intrusions on their privacy and Ticketek has no excuses given it was on notice after our previous action,” O’Loughlin said.
Attempting to circumvent the regulations, Ticketek had falsely categorised certain emails as non-commercial, claiming they contained event information for ticketholders and were therefore exempt from spam rules. However, ACMA investigation revealed that these emails also included links to Ticketek’s website and social media pages, featuring advertising material and promotions for upcoming events.
“Even if the purpose of a message is to provide factual information to customers, if it also includes marketing content, or links to marketing content, it can only be sent with consent,” O’Loughlin clarified.
“It is also incredibly frustrating for people to take the time to unsubscribe only for those requests to not be actioned. Businesses must have working systems in place to comply with consumer choice and consent.
“We have seen several companies with similar failures over the last 12 months. All businesses conducting e-marketing should be actively and regularly reviewing whether their marketing complies with the law.”
ACMA has accepted a three-year court-enforceable undertaking from Ticketek, requiring the company to engage an independent consultant to review its compliance with spam regulations and make necessary improvements. Ticketek is also obligated to report to the ACMA while the undertaking remains in effect.
This enforcement action against Ticketek is part of a broader crackdown on companies that have violated spam laws. ACMA has taken similar actions against DoorDash, Commonwealth Bank,and MyCar Tyre & Auto in recent times. The enforcement of spam unsubscribe rules is a key priority for the ACMA, and over the past 18 months, businesses have collectively paid over $10 million in penalties related to spam and telemarketing violations.
Consumers who encounter spam can file complaints with the ACMA, and for information on reducing unwanted emails, texts and phone calls, they can visit the ACMA website.
