Formal Warning
Section 40 of the Do Not Call Register Act 2006
TO: Telco Service Holdings Pty Ltd
ACN 150 231 155
OF: C/- Servcorp Pty Ltd
Level 4, 4 Columbia Court
Baulkham Hills NSW 2153
Attention: Mr James Harrison
I, Vince Humphries, delegate of the Australian Communications and Media Authority (the ACMA), being satisfied that Telco Service Holdings Pty Ltd ACN 150 231 155 (Telco Service Holdings) has contravened subsection 11(1) of the Do Not Call Register Act 2006 (DNCR Act):
HEREBY issue Telco Service Holdings a formal warning under section 40 of the DNCR Act for 25 contraventions of subsection 11(1) of the DNCR Act, being a civil penalty provision.
ACMA Investigation
On 27 August 2013, the ACMA commenced an investigation into Telco Service Holdings for alleged contraventions of subsection 11(1) of the DNCR Act as a result of complaints received by the ACMA from consumers with numbers listed on the Do Not Call Register.
Obligations imposed under subsections 11(1)
Subsection 11(1) of the DNCR Act provides that:
1. a person must not make, or cause to be made, a telemarketing call to an Australian number if:
a. the number is registered on the Do Not Call Register; and
b. the call is not a designated telemarketing call.
‘Telemarketing call’ is defined in section 5 of the DNCR Act.
‘Designated telemarketing call’ is defined in Schedule 1 to the DNCR Act.
Details of the contraventions
As a result of its investigation into this matter, and taking into account information provided by Telco Service Holdings, the ACMA has determined that between 19 August 2013 and 1October 2013:
a. Telco Service Holdings made, or caused to be made 25 calls to Australian numbers registered on the Do Not Call Register;
b. the relevant calls were voice calls and were for the purpose of offering to supply telecommunications products and/or services. As such, the relevant calls were each a ‘telemarketing call’ within the meaning of the DNCR Act; and
c. the relevant calls were not designated telemarketing calls.
Dated this 27th day of June 2014
______
Vince Humphries
Delegate of the Australian Communications and Media Authority
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