Most Read Contributor in Australia, September 2016
The finding of a recent Australian Communications and Media
Authority (ACMA) investigation initiated in early
2010 has resulted in Optus entering
into enforceable undertakings with ACMA to comply with the
Do Not Call Register Act 2006 (Cth)(the Act). The ACMA
commenced the investigation in March 2010 following a large number
of consumer complaints about Optus telemarketers calling people
whose names were registered on the national Do Not Call Register.
Many of the complaints came from Optus customers who had
specifically opted out of receiving calls from Optus' marketing
The investigation uncovered several issues in the Optus
compliance program, citing specifically that there was inadequate
record keeping, inadequate oversight at Optus' call centres,
and a failure to appropriately record and action opt-out requests
The enforceable undertakings have been given by Optus to
the effect that it will comply with the Act and specifically
address the following matters:
Record Keeping – Optus agreed that it would keep
comprehensive records of telemarketing calls that it makes or that
are made on its behalf by call centres;
Agreements with Optus suppliers – Optus agreed to
ensure that it will vary its existing agreements with suppliers to
reflect the undertakings and to ensure that suppliers to Optus will
be required to comply with the same enforceable
undertakings as well;
Auditing of Call Records – Optus agreed to
monthly audits of telemarketing call records and to report back to
the ACMA in an effort to allow the ACMA to spot potential
Education and Training – Optus agreed to ensure that
employees directly involved in making telemarketing calls or
supervising the making of such calls will complete an education and
training program which covers the Act, DNCR Regulations, the
Telecommunications (DNCR) Telemarketing and Research Calls Industry
Standard 2007 (Cth) and the Optus Direct Marketing Code of Conduct;
Recording and Actioning Opt-Out requests – Optus
agreed that it would ensure that the telephone number that its
customers can call to opt-out of its own telemarketing is clearly
and prominently displayed on its website in each of the complaints
page, DNCR Act page and the 'unwelcome calls' page.
The Undertaking will run for two years from the date of
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The issue of recording telephone calls was recently considered in the Federal Court in Furnari v Ziegert  FCA 1080.
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