Discount airline Tiger Airways has been handed an AU$110,000 fine, and has given an enforceable undertaking to the Australian Communications and Media Authority (ACMA) for not allowing its customers to unsubscribe from email mailing lists.
The ACMA said that it had warned Tiger several times, and that the company had received repeated complaints from customers that its marketing emails did not let customers unsubscribe from the mailing list.
Tiger has since halted its marketing campaign, re-engineered its unsubscribe facility from the emails sent out, and trained staff on compliance with the Spam Act.
"This action is another reminder to businesses that that they should pay attention to what their customers are saying, test their email-unsubscribe facilities regularly, and not simply set and forget them. Tiger has now committed to ensuring its unsubscribe facilities are functional and effective," ACMA deputy chairman Richard Bean said in a statement.
"Marketing to customers who have unsubscribed is not only against the law; it causes consumer frustration, and that ultimately damages a business' reputation."
If Tiger breaches its enforceable undertaking, the ACMA can take the airline to the Federal Court.
Tiger said in a statement that it deeply regrets the mistake.
"Tiger Airways understands that some customers were upset and inconvenienced when they decided to opt out of the service but still continued to receive correspondence after the time period that Australian law requires, and the airline deeply regrets this," the company said.
"Tiger has reviewed and redesigned our processes to ensure regulatory compliance, and is committed to working with an independent consultant to assess and make improvements to all aspects of the electronic direct-marketing process where appropriate."