The Federal Court in Brisbane today imposed $6.5 million dollars in penalties against two further respondents in proceedings brought by the Australian Communications and Media Authority against SMS spammers. These penalties are in addition to the $15.75 million imposed on five other respondents on 23 October this year and bring the total amount of penalties in this matter to $22.25 million to date.

The Federal Court imposed upon Jobspy Pty Ltd a penalty of $4 million and upon Scott Mark Moles a penalty of $2.5 million.

The ACMA alleged that Jobspy and Mr Moles were involved in a complicated scheme whereby they, together with other respondents, 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 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 has cost Australian mobile phone users in excess of $4 million since its commencement in late 2005.

‘This case once again highlights the willingness of the ACMA to pursue, to the full extent of its powers, individuals and companies that systematically operate in breach of the Spam Act,’ said Chris Chapman, Chairman of the ACMA.

‘This matter should also serve as a warning to all parties involved in sending commercial electronic messages that non-compliance with the Spam Act can carry with it very significant consequences.’

The hearing in relation to the final respondent in this matter, Scott Gregory Phillips, is due to resume in the Federal Court in Brisbane on 8 February 2010.

Australians are encouraged to report spam to the ACMA by visiting the website at www.spam.acma.gov.au or calling 1300 855 180.