[LINK] SMH: 'Telstra ignored Don't Call rules'

[Roger Clarke]

Telstra ignored Don't Call rules
Date: August 19 2009
Ari Sharp Communications Correspondent
The Sydney Morning Herald

TELSTRA has been fined more than $100,000 by the Australian 
Communications and Media Authority after people on the Do Not Call 
register continued to receive Telstra telemarketing calls even after 
the company had been alerted to the problem.

The authority announced the $101,200 fine yesterday following a 
year-long investigation into its breaches of the Do Not Call 
register, the list of 3.5 million phone numbers for people who have 
requested not to receive marketing calls.

The authority had earlier warned Telstra it was falling foul of the 
Do Not Call rules.

But it continued to receive a string of consumer complaints, 
prompting an investigation last August that yesterday found the 
company had inadequate compliance systems, procedures and supervision.

[All of that, and only a $100K fine for a $25bn revenue company. 
That's 4 per mille, or $2.75 for a person on average income.  They 
must be quaking in their boots.]

The calls were made on Telstra's behalf by a contractor, which it 
declined to name, but under Do Not Call rules only Telstra will be 
fined.

The regulator's chairman, Chris Chapman, criticised Telstra, the 
country's largest telecommunications company, for failing to show 
leadership.

''The ACMA expects large businesses like Telstra to be leading the 
way and setting an example when it comes to compliance with the Do 
Not Call register - not falling behind,'' he said.

As well as the fine - a $2200 penalty for each of 46 illegal calls 
between February last year and January this year - Telstra agreed to 
an enforceable undertaking to take steps to improve its ways.

[ ... which stipulates a suspended sentence of $50,000,000 for a 
repeat breach?]

A Telstra spokesman said the company was sorry for the repeated breaches.

''It shouldn't have happened, we're sorry it happened, and we have 
worked co-operatively with ACMA to put in place a range of measures 
to stop it happening again.''

It is understood that Telstra blames both human error and a breakdown 
of processes.


-- 
Roger Clarke                                 http://www.rogerclarke.com/
			            
Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
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Visiting Professor in Info Science & Eng  Australian National University
Visiting Professor in the eCommerce Program      University of Hong Kong
Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW