Australian ticketing giant Ticketek faces a hefty $515,040 fine for sending approximately 98,000 texts and emails throughout 2022 that violated Australian spam laws, according to the Australian Communications and Media Authority (ACMA). The investigation revealed that Ticketek dispatched around 41,000 marketing messages without the consent of recipients and another 57,000 to individuals who had previously unsubscribed.
This isn’t the first time Ticketek has run afoul of spam laws. Despite a formal warning from ACMA in 2019, the company failed to comply with regulations, drawing criticism from ACMA Chair Nerida O’Loughlin. She deemed it “unacceptable” that Ticketek continued its non-compliant practices despite prior action.
Ticketek’s attempt to categorise some emails as non-commercial due to their event information content was debunked by ACMA. The regulatory body found that these seemingly innocent emails also contained links to Ticketek’s website and social media pages, featuring advertising material and promotions for upcoming events. O’Loughlin emphasised that even messages intended for providing factual information must obtain consent if they contain marketing content or links.
As a consequence of its repeated violations, Ticketek is now under a three-year court-enforceable undertaking from ACMA. The undertaking mandates Ticketek to appoint an independent consultant to review its compliance with spam rules and implement necessary improvements. Additionally, Ticketek must report regularly to ACMA during this period.
This news follows a broader trend of heightened enforcement against companies breaching spam laws, including notable names like DoorDash, Commonwealth Bank, and MyCar Tyre & Auto. ACMA has made it clear that enforcing spam unsubscribe rules is a top priority, with businesses paying over $10 million in penalties over the past 18 months.
In response to the fine, a Ticketek Australia spokesperson expressed regret for any impact the messages may have had on customers. They stated that Ticketek takes its obligations under the Spam Act seriously and is committed to working with ACMA to address the identified issues. However, they also expressed surprise at ACMA’s interpretation that consumer consent is required for messages containing clickable banners or social media links.
As ACMA continues to crack down on spam and telemarketing breaches, businesses, including ticketing giants like Ticketek, are urged to proactively review their messaging practices to ensure compliance with the law.
