The ACMA has accepted a court-enforceable undertaking from Gold Coast-based investment property and financial services marketing firm MarketSolve Pty Ltd after it was found to have made telemarketing calls to phone numbers listed on the Do Not Call Register (DNCR).
We issued MarketSolve with a compliance alert after receiving consumer complaints in June 2021. The firm acknowledged it made calls to numbers on the register without consent.
Marketsolve claimed these breaches occurred due to errors made by a third-party data supplier. Under the Do Not Call Register Act 2006, businesses that engage third parties for marketing purposes are responsible for ensuring that they comply with the law.
The enforcement action follows a formal warning the ACMA issued MarketSolve in August 2020 for similar breaches of the DNCR Act.
Under the 2-year court-enforceable undertaking, MarketSolve must undergo an independent review of its compliance with telemarketing laws and make improvements to its operations. This includes providing compliance training to staff.
We will monitor Marketsolve’s compliance and commitments to the undertaking. If it does not comply, the ACMA can pursue action in the Federal Court of Australia.
This action is part of our priority to target illegal financial services marketing. Over the past 18 months, businesses have paid $1,899,120 in penalties for breaching spam and telemarketing laws. We have also accepted 12 court-enforceable undertakings and given 8 formal warnings.