As described in older articles - Hyarchis Company Ltd, a mobile content provider, made it into the list of the "bad guys" onto ACMA's web page and was even "featured" in a nationwide ACMA media release.
Here are the facts:
- Hyarchis was accused of allegedly sending 5 (!) Spam messages to mobile phones without the recipient's consent. The accusation originated from the account holder's complaints to ACMA.
- Out of these 5 complaints, 3 came from the same account holder (!), one came from an originator that did not belong to Hyarchis (but when accusing someone and not having enough evidence, why not throwing some more cases in so it looks bigger...?), and another one would not even release his phone number so no-one can really investigate if he EVER got a message anyway.
- Hyarchis provided evidence of inferred consent it received from the irate customer with 3 complaints. The customer obviously repeatedly used Hyarchis' free services and agreed to receive further marketing anyway.
- ACMA had to drop the charges in regards to the "anonymous" and the "not related number" complaints, so they focused on the irate one who complained three times.
- ACMA issues a formal warning and bases this on the above, as well as on "extensive correspondence" they had with the account holder (whose boyfriend/girlfriend at ACMA is it...?)
- ACMA fires out a Media Release, proudly announcing they just busted a spammer who sent 3 (solicited) messages to ONE customer.
Congratulations! What a benefit for the general public!
Well I receive about 30 Spam mails a day, so that would make 10,950 ACMA Media Releases a year from the Spam I receive alone...
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