ACMA Investigates Nokia for SMS Spam

The ongoing saga of Nokia’s TXT spam continues.

The bad news is that I received another TXT from Nokia today. This comes after being told by Nokia that I would no longer receive any TXTs from them. The message reads:

Tip: Use less battery power and help conserve energy with a few helpful tips from Nokia. Vist http://environment.nokia.mobi to learn more.

I have an energy saving tip for Nokia, stop sending TXT messages I don’t want, then I won’t waste energy on trying to make them stop.

Now for the good news. A little while ago ACMA told me that they were preparing to launch a formal investigation into Nokia’s SMS messages under the Spam Act. It’s now official. Late last Friday I received the following email from the ACMA Investigator handling the matter:

Dear Mr Hall

I write with reference to your complaint #XXX concerning allegations of breaches of the Spam Act 2003 (Spam Act). The Australian Communications and Media Authority (ACMA) has now commenced an investigation into Nokia Australia Pty Ltd about potential contraventions of the Spam Act. During the course of this investigation, the ACMA may require you to provide more information about any dealings you have had with Nokia Australia Pty Ltd and potentially complete a witness statement. The Anti-Spam Team will contact you in due course if this is required. The Anti-Spam Team does not provide your personal information to the business apart from the electronic account information (mobile telephone number) you have already provided. As I am sure you can appreciate, the ACMA is not able to disclose details of the investigation with you, but will advise you when an outcome has been determined. On behalf of the ACMA, I appreciate your assistance in this investigation and thank you for your cooperation.

Information about the Spam Act is available on our website at www.spam.acma.gov.au Please contact us if you have any queries.

I wonder how much energy Nokia will put into defending itself to ACMA.

Watch this space for more news.

Update: In January 2012 Nokia was fined 55000AUD for breaching Australia’s Spam Act.