Question 8: Who can I complain to about receiving spam?

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Question 8: Who can I complain to about receiving spam?

Answer:

If you know the business sending the message and just want to ask it to stop, it is usually best to contact it first.

You should be cautious before replying directly to a message.  You should only do this when you are confident the message is actually from a legitimate Australian company and you expected to receive messages from it.  This might include where you originally consented to receive messages, but have changed you mind.

Remember, many spam messages can invite a reply just to test whether your email address is 'live'.  If you respond to the message, this could mean more spam being sent to you.  If you're not sure whether a message is spam from an illegitimate source, the best thing to do is delete the message. 

Some spammers go to a lot of trouble to try to make a spam look like it is from a legitimate source - if in any doubt, delete it!

If you do compliain, and you are not satisfied with how the business handled your complaint, you can complain to the Australian Communications and Media Authority (ACMA).  Information about ACMA and how to make a complaint can be found at www.spam.acma.gov.au.    

However, the Privacy Commissioner may decide to handle your complaint if:

• the business breached the Privacy Act by using your personal information unlawfully to send you a message
• ACMA was not able to resolve the complaint to your satisfaction under the Spam Act.

To make a complaint to the Privacy Commissioner, call our Privacy Enquiries Line (1300 363 992) for more information or email at privacy@privacy.gov.au. 

More information

For guidance on how the Privacy Act may apply to using someone's personal information to send spam, see:

• Are all commercial electronic messages covered by the Spam Act?
• How does the Privacy Act apply to commercial electronic messages and spam?

For more information, see Information Sheet 26.

More information on complaining to the Privacy Commissioner is available at www.privacy.gov.au/privacy_rights/complaints/index.html

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