Cellarmaster Wines has had to pay a $110,000 infringement notice to the Australian Communications and Media Authority for sending marketing messages that did comply with the Spam Act

Some of the messages, which promoted Cellarmaster Wines’ online website, were sent without an opt-out facility, while others were sent to customers who had previously chosen to opt out of its email promotions.

The Spam Act requires that all marketing emails are sent only with the consent of the recipient and provide an opportunity for recipients to opt out of receiving further marketing messages.

“This is simply a case where a business has failed to take sufficient care in managing its Spam Act responsibilities,” said ACMA chairman, Chris Chapman.

“As a result, Cellarmaster Wines has found itself in hot water, not only with the ACMA but with its customers.”