Allens Arthur Robinson - Federal Court - Clarity1 ordered to pay $5.5 million penalty for spam email
Federal Court - Clarity1 ordered to pay $5.5 million penalty for spam email - Bill Singleton, Lawyer reports on the Federal Court’s determination of the penalty to be imposed on Clarity 1 and Mr Mansfield for sending at least 231 million commercial emails, most of which were unsolicited, in the twelve months after the Spam Act 2003 (Cth), which commenced in April 2004:
- “The Federal Court imposed a penalty of $4.5 million on Clarity1 and a penalty of $1 million on Mr Mansfield and made orders restraining both Clarity1 and Mr Mansfield from sending further unsolicited commercial email.”
- “The clear message to emergy form the case is that the Federal Court is willing to impose huge penalties for the contravention of the Spam Act”.
- “Businesses that market using email should note that to comply with the Spam Act, commercial email may only be sent to recipients where: the recipient consents to receive such email; the identity of the sender is prominently displayed; and there is a functional unsubscribe facility.
Link to Allens Arthur Robinson article