Westpac has been issued a warning from the Australian telecommunications watchdog for breaching laws related to the Do Not Call register, and risked incurring a $1.1 million fine.
The Australian Communications and Media Authority conducted an investigation after it received around 140 complaints about unsolicited calls from Westpac – more than any other bank.
The Do Not Call register, which was set up in May 2007, prevents telemarketers and researchers from calling almost three million users who have signed up to the service.
ACMA says that while three complaints were from Westpac customers, those customers had instructed the bank not to call them about new products and services.
The authority also says that although the bank failed to record the withdrawal of consent from the three customers, that particular breach does not provide grounds for a fine.
“Under the consent provisions of the Do Not Call legislation, consumers on the register may receive some telemarketing calls from companies that they have an existing relationship with,” ACMA said.
“However, they may withdraw their consent to receive these calls at any time and no subsequent calls can be made to them by that company.”
A Westpac spokesperson has since claimed in The Age that although the complaints were “regretful occurrences”, the problems were fixed as soon as they were brought to its attention.
Chairman Chris Chapman said that Westpac has co-operated fully with ACMA, but the authority will continue to monitor Westpac for ongoing compliance with Do Not Call laws.
“‘Don’t call me again’ means just that,” he said. “Telemarketers should have appropriate systems and procedures in place to ensure that calls are not made to customers who have previously indicated their wish not to receive these calls.”
The incident is not the first time a company has been given a warning from ACMA regarding the Do Not Call list.
In October 2008 telecommunications group Dodo was fined $147,000 for the actions of an offshore telemarketer, the highest fine given for breaching the laws. Companies including People Telecom, Astron Communications, Ezycall and m8 Telecom have all been sent infringement notices or formal warnings.
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Patrick Stafford is a freelance journalist and a former deputy editor of SmartCompany.
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