Online Retailer Topbuy Breaches Spam Act by Sending Emails to Consumers Without Consent

The Australian Communications and Media Authority has issued a formal warning to online retailer Topbuy, following an investigation that found the company had breached the Spam Act 2003 by sending three commercial electronic messages to consumers without their consent. The ACMA formed the view that the breaches it found were indicative of broader systemic issues. The ACMA’s investigation related to complaints alleging that Topbuy had sent emails to people who had previously requested to be unsubscribed from Topbuy’s mailing list or who had not consented to receive commercial electronic messages in the first place. Topbuy claimed in at least one case that it had obtained consent through a family and friends’ referral campaign