[plug] [OT] Australian Spam Act

[Alex Polglaze]

Ben Jensz wrote:
>> This is correct. If you unsubscribe now and then they send you further 
>> e-mails, then they are in breach of the act. If you do not unsubscribe 
>> then that is implied consent.
>>
>>
> I was under the impression that you still had to have a prior business 
> relationship... and that even if you did, they still had to have a 
> working unsubscribe.
> 
> So in this case I don't think a business relationship exists, so whether 
> there is an unsubscribe system or not its still spam.

No, this is where the implied consent comes from. It is considered that you have 
an existing relationship because they have you on their list. It is easy for you 
now to be removed, but the onus is on you to remove yourself. So, whilst the 
first e-mail contact is spam in its strictest sense, it wont be spam as defined 
under the act because you have to give the company one chance to remove your 
name. The second one however, is definitely spam and action can be taken under 
the act.

So all you have to do is use the working unsubscribe feature.


Alex