Nokia Corporation to audit SMS marketing

The Australian Communications and Media Authority (ACMA) has announced it accepted an enforceable undertaking, including correctional measures, from one of the world's largest mobile phone manufacturers, Nokia Corporation.

The ACMA commenced an investigation into the Finnish company's SMS marketing activity after complaints that customers could not work out how to unsubscribe from 'tips' sent by Nokia. In particular, the messages did not include details of how Nokia could be contacted, as required by the Spam Act 2003.

The investigation found that while a number of the 'tips' provided customers with factual information about their mobile phone handsets, some of them amounted to promotion of Nokia's products and services, including mobile phone accessories, and that the messages therefore needed to include an unsubscribe facility.

In response to the ACMA's investigation, Nokia Corporation has undertaken to:

• appoint an independent consultant to audit its systems and processes,
• develop a plan to carry out the independent consultant's recommendations,
• train its employees engaged in SMS marketing about complying with the requirements of the Spam Act, and
• make a payment of $55,000.