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August 29, 2015 14:01
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Hi, | |
As you may recall you recently lodged a complaint with the Department regarding an unsolicited email sent | |
from Ticketmaster. | |
The Department has investigated your complaint and has been in discussion with Ticketmaster regarding how the | |
messages were sent. As a result of the investigation the Department found that the message had been sent in | |
error by Ticketmaster’s Marketing Coordinator. As a consequence of their actions this person has now been | |
issued with an internal warning by Ticketmaster and is undergoing training to ensure unsolicited messages | |
are not sent again. Further to this, a more experienced coordinator is being hired and strict controls and | |
management processes are being implemented. | |
The Depart has taken Ticketmaster’s approach to the investigation into consideration and has accepted that they | |
have a defence under section 12(a) of the Unsolicited Electronic Messages Act 2007 in that “a person who sends | |
an electronic message, or causes an electronic message to be sent, in contravention of section 9, 10, or 11 | |
has a defence if that person sent the message, or caused the message to be sent, by mistake.” The Department | |
has however stated that should further unsolicited messages be sent, than enforcement action will be considered | |
by the Department to ensure the Act is adhered to. | |
If you have any further questions regarding the matter, please do not hesitate to contact me directly. | |
Kind regards |
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