[LINK] Fwd: MR152-10: $2 million penalty for last respondent in Safedivert SMS scheme [SEC=UNCLASSIFIED]

[Antony Barry]

Begin forwarded message:

> From: media at acma.gov.au
> Date: 1 December 2010 3:32:07 PM AEDT
> To: <tony at tony-barry.emu.id.au>
> Subject: MR152-10: $2 million penalty for last respondent in Safedivert SMS scheme [SEC=UNCLASSIFIED]
> Reply-To: media at acma.gov.au
> 

> 1 December 2010 
> 
> $2 million penalty for last respondent in Safedivert SMS scheme 
> 
> The Federal Court in Brisbane today imposed $2 million in penalties against Mr Scott Gregory Phillips in proceedings brought by the Australian Communications and Media Authority in relation to SMS spam. This penalty is in addition to $22.25 million imposed on seven other respondents last year, bringing the total amount of penalties in this matter to $24.25 million. 
> 
> ‘The size of the penalties awarded in this case are an indication of how seriously the courts treat breaches of the Spam Act, which is very encouraging,’ said ACMA Chairman, Chris Chapman. 
> 
> Mr Phillips, along with the other respondents, was involved in a complicated scheme where they established fake dating website profiles to obtain mobile telephone numbers of genuine dating website users. These mobile phone numbers were then sent messages from people pretending to want to chat via a ‘Safedivert’ service with a view to meet and form a relationship with the recipient. Users who responded to the messages were charged approximately $5 per message. 
> 
> The ACMA alleged that the scheme cost Australian mobile phone users in excess of $4 million from late 2005 until November 2008. 
> 
> ‘In cases such as this where the conduct was calculated, deceptive and had a detrimental effect on Australian phone users, the ACMA will not hesitate to use every available avenue to protect the consumer,’ said Mr Chapman. 'This prosecution again demonstrates the commitment of the ACMA to ensure that individuals and companies comply with the Spam Act.’ 
> 
> When delivering his judgment today, Justice Logan said, ‘The conduct was undoubtedly deliberate. IMP and its agent Jobspy, which employed IMP's modus of operation, engaged in concerted deception. Mr Phillips' involvement in the deception was at the most senior level. He was the controller of IMP.’ 
> 
> Background to the matter is available here www.acma.gov.au/mediaspam 
> 
> Australians are encouraged to report spam to the ACMA by visiting the website at www.spam.acma.gov.au, by forwarding SMS spam to 0429 999 888 or by calling 1300 855 180. 
> 
> For more information or to arrange an interview please contact: Donald Robertson, Media Manager, on (02) 9334 7980, 0418 86 1766 or media at acma.gov.au. 
> 
> # # # 
> 
> The ACMA is Australia’s regulator for broadcasting, the internet, radiocommunications and telecommunications. The ACMA’s strategic intent is to make communications and media work in Australia’s public interest. For more information: www.acma.gov.au. 
> 
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