The Communications watchdog has given Nokia a slap on the wrist over its dodgy SMS campaign.

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An investigation by the Oz Communications Authority was instigated  after Nokia users were unable to ‘unsubscribe’ to texts the giant sent to mobiles.

The worlds largest phone maker had given user ‘tips’ on how to unsubscribe but complained were still unable to do so.

The messages did not include company contact details, as required by the Spam Act 2003, the Australian Communication and Media Authority (ACMA) said today.

The investigation found that while a number of the ‘tips’ provided customers with factual information about their mobile, others amounted to promotion of Nokia’s products including mobile phone accessories, meaning such messages were required by Australian law to include an ‘unsubscribe’ facility.

Nokia has now undertaken to pursue ‘enforceable’ correctional measures, including the appointment of an independent consultant to audit its systems and carry out the recommendations, train its employees engaged in SMS marketing about complying with the Spam Act.

The Finnish phone giant is also to cough up $55,000 to ACMA.

“SMS allows businesses to reach their customers no matter where they are or what they are doing,” said ACMA Acting Chairman, Richard Bean.

“But with that opportunity come responsibilities under the Spam Act, including the obligation to include an unsubscribe facility in marketing messages.”


The ACMA recorded a 370% increase in reports from the public about SMS messages believed to be spam during 2010-11, 

“Some businesses are still not getting SMS marketing right. The same rules apply to SMS marketing as for email marketing, and the same rules apply to all businesses, big and small,” Bean said.

If you receive an SMS message that you think may not comply with the Spam Act, report it to the ACMA’s Spam SMS service by forwarding the message to 0429 999 888.

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