Services › Anti-Spam › The dangers of using email addresses from a purchased database

The Anti-Spam Compliance Unit receives complaints regarding alleged breaches of the Unsolicited Electronic Messages Act 2007. These complaints are generally about commercial electronic messages that have been sent to email addresses or via TXT message to telephone accounts.

Upon receipt of a complaint, we will initiate an investigation to determine if a breach of the Act has occurred. If a breach has taken place, we have a range of enforcement options from a formal warning up to High Court action to pursue pecuniary penalties and compensation and damages on behalf of victims.

In some cases, we have determined the sender of a commercial electronic message has purchased a database with the understanding that emails can be sent to those electronic addresses because there is 'deemed consent'.

Deemend consent

The Unsolicited Electronic Messages Act provides that deemed consent exists if:

• an electronic address has been conspicuously published by a person in a business or official capacity, and
• it is not accompanied by a statement requesting that no unsolicited messages be sent to that address, and
• the message is relevant to the recipient's business, role, function or duties in a business or official capacity.

We recognise that databases may contain useful information that can be used for marketing and promotional purposes. However, care should be taken to ensure that the recipient has consented to receive a commercial electronic message.

In every case, the onus of proof is on the sender of the messages, not the seller of the database, to demonstrate evidence of compliance with the Act.

If messages are sent and the sender is unable to satisfy the Anti-Spam Compliance Unit that the consent of the recipient can be deemed to have been given, then a breach of the Act has occurred.

For more information, please read this press release: Beware using purchased email addresses (30.06.2010)

See also: Information for Businesses