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Old 11-20-2012, 03:49 AM   #4
murg
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Posts: 3,240
Karma: 23878043
Join Date: Jan 2012
Location: Australia
Device: Kobo: Not just an eReader, it's an adventure!
Quote:
Originally Posted by meeera View Post
In Australia, if you got spam you didn't sign up for, they've broken the law - the Spam Act 2003, to be exact. The presence of unsubscribe instructions is not enough - they have to have prior consent in the first place. That consent can be inferred in certain circumstances such as a substantive existing business relationship; however, the ACMA guidance to businesses specifically states:



Considering your purchase wasn't even from Collins, I think that them inferring an existing business relationship in which you would have expected ongoing marketing messages would be extremely bloody dodgy.

In addition, ACMA says that not even pre-checked tick boxes are adequate consent. The recipient must have "actively and deliberately" consented to receiving marketing messages.

Potential penalties include fines of up to $1.1 million per day.

Information on how to file a report can be found here. You can simply forward the spam message, with its Subject line unchanged, to report@submit.spam.acma.gov.au

Disclaimer: I am not a lawyer.
ACMA gets spam from me at least once a week...

I'm pretty sure they got my Kobo account email address from The Australian newspaper ebook giveaway. There was an unchecked checkbox on the Collins side of that offer (before they sent you to Kobo's site) where you agreed to their terms and conditions, I just can't find those T & Cs anywhere on Collin's site.
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