Melbourne-based telco BVivid breaches telemarketing laws

The Australian Communications and Media Authority (ACMA) has issued a formal warning to Melbourne-based telco BVivid Pty Ltd for making telemarketing calls to numbers on the Do Not Call Register.

ACMA Chair Nerida O’Loughlin said an investigation found BVivid made calls without consent offering broadband services to Australian numbers on the register.

“BVivid made calls to people who had registered on the Do Not Call Register to stop unwanted sales calls from intruding on their privacy,” Ms O’Loughlin said.

“Businesses must respect the rights of Australians when they choose not to receive telemarketing calls.”

The calls were made without consent to numbers that had been on the register for at least 30 days at the time of the call, breaching the Do Not Call Register Act 2006.

The ACMA has also accepted a court-enforceable undertaking from the business that commits it to carry out an independent review of its policies and procedures, implement improvements and report to the ACMA.

Ms O’Loughlin said the ACMA will continue to crack down on companies for unlawful telemarketing.

“Businesses are on notice that the ACMA takes the telemarketing laws seriously and the penalties for non-compliance can be significant,” she said.

Over the past 12 months, ACMA enforcement actions have included payment by businesses of $749,700 in infringement notices for breaking spam and telemarketing laws. The ACMA has also accepted five court-enforceable undertakings and given six formal warnings to businesses.

Enforcement action against entities in breach of Australia’s telemarketing laws can include formal warnings, infringement notices, action in the Federal Court and accepting court-enforceable undertakings.

To place your number on the Do Not Call Register or to make a complaint about telemarketing go to or call 1300 792 958.

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