Preview

AMCA Vs Optus 2009 Case Study

Good Essays
Open Document
Open Document
428 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
AMCA Vs Optus 2009 Case Study
A commonly experience issue associated with marketing innovation is Spam. This refers to unsolicited commercial messages, sent via any form of electronic communication, essentially becoming a nuisance. In an attempt to achieve justice for consumers, this issue resulted in the creation of the Spam Act 2003, this legal measure already an indication of the efforts of the legal system to protect consumers with the nuisance associated spamming. The effectiveness of this measure in achieving justice for consumers can be demonstrated in the case of AMCA v Optus 2009. In 2009, following Optus’ disregard of 2 infringement notices from the AMCA, the AMCA was forced to take Optus to the Federal Court. The pretext for AMCA’s decision to take Optus to court came in …show more content…
During the trial, Optus’ disregard of the 2 infringement notices previously issued by the AMCA played a pivotal role in the Judge’s decision, with the judge ruling that Optus had knowingly acted unconscionably. In the end justice was achieved for consumers with Optus being made to pay court cost, and $110,000 for spamming its mobile phone customers. Therefore, as demonstrated in the case of AMCA v Optus 2009, the law has been highly effective in achieving justice for consumers in the area of marketing innovation, through setting up a watchdog (AMCA) which enforces to the Spam Act 2003 ensuring corporations aren’t violating the rights of consumers whilst marketing their business. Furthermore, the case highlights how effective the law is in achieving justice for consumers because the case is a quintessential example of how the law is willing to step in on behalf of consumers to achieve justice, when they can’t match or compete with large corporations such as

You May Also Find These Documents Helpful

  • Best Essays

    PPACA And Amcs: A Case Study

    • 3439 Words
    • 14 Pages

    10. Hermer, L. (2013, September 1). PRIVATE HEALTH INSURANCE IN THE UNITED STATES: A PROPOSAL FOR A MORE FUNCTIONAL SYSTEM. law.uh.edu. Retrieved September 1, 2013, from www.law.uh.edu/hjhlp/Issues%5CVol_61%5CHermer.pdf…

    • 3439 Words
    • 14 Pages
    Best Essays
  • Good Essays

    Unit 3 - P2

    • 1921 Words
    • 6 Pages

    All businesses must ensure that their marketing activities fall within the laws and regulations set up by the authorities, In recent years various organisations have put an emphasis on customer protection and thus many laws and regulations have been introduced; all of these must be followed by businesses. Laws and regulations are constantly changing and it is a business’s responsibility to keep up to date with them or else they will feel the repercussions of disobeying them.…

    • 1921 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Unit 5 P1

    • 3273 Words
    • 15 Pages

    A business can only make money legitimately by making contracts with other businesses and customers. Businesses want to make the terms of these contracts the most favourable to themselves. All those involved in a contract need to know the exact terms on which it is based so that their rights and obligations are clearly understood and appropriate action can be taken if the contract is not implemented satisfactorily. Many businesses try to minimise their responsibilities under a contract, and the law attempts to balance the customer’s interests and gives consumers, in particular, rights in relation to business sellers and service providers.…

    • 3273 Words
    • 15 Pages
    Powerful Essays
  • Good Essays

    Bill Gates built his company through aggression and determination, often buying up small companies whose ideas he liked. For those companies who he could not buy, he would create similar products to theirs, selling them for less and marketing them strategically. The tactics he used to create his Microsoft Empire were all legal, yet in 1998 Microsoft found themselves facing a lawsuit against the U.S. Justice Department in violation of the Antitrust Laws [ (Wright, 1998) ]. Antitrust Laws were created in the late 1800’s, early 1900’s as legislation to prevent unlawful monopolies, to promote competition, and to encourage the production of quality goods at reasonable prices, protecting the public from monopolized markets that take advantage of their consumers [ (Hartman, 1997) ].…

    • 918 Words
    • 4 Pages
    Good Essays
  • Better Essays

    LEG 500 A4

    • 3367 Words
    • 10 Pages

    Ethical considerations regarding marketing aim at regulating exploitative marketing techniques which most competitors use to outdo their rivals. For instance, a company can reduce its costs of the products to a very low amount which means the other firms may not be able to manufacture more good as the cost of production will have increased. More so, some advertising strategies can paint the image of a rival firm and this can have an adverse effect on the firms’ profitability. It’s the governments’ responsibility to ensure that…

    • 3367 Words
    • 10 Pages
    Better Essays
  • Good Essays

    RULE OF LAW: Commercial free speech warrants constitutional protection only when it enables consumers to make “intelligent and well informed decisions.” Deceptive or misleading information subverts that value…

    • 421 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    The paper will serve as a historical background overview of how the Federal Trade Commission Act (FTC) came into existence. The paper will also break down the key components for which the FTC covers, such as deceptive advertising, baiting and switching and consumer fraud. There will be examples of each of those issues at hand to demonstrate how it happened. The paper will include an argument within the Bait and Switch techniques where some claims have been made that it has been beneficial to consumers who got baited. The paper will also look into ways of determining if the claims are deceptive, fraudulent, and how to best act on such claims. Finally, the paper will provide a closing overview of the FTC as it is today, and what it has done for the consumers since its inception.…

    • 4067 Words
    • 17 Pages
    Powerful Essays
  • Good Essays

    Although antitrust laws are good for the market, as in the instance with the federal government’s use of the Sherman Act against AT&T, which led to a communication revolution, there are a couple of issues concerning antitrust laws. The first is issue is the interpretive nature of the federal and state government laws. The Sherman Act, The Federal Trade Commission Act, and the Clayton Act are federal statutes written in general language rather than exact verbiage on code of conduct. In the case of Continental TV vs. GET, Sylvania this general language along with the court’s interpretation of the laws has brought instances where precedent has been changed leading to unknown permissible behavior for companies. The second issue is the increasing…

    • 374 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    With a consumer receiving a phone call, text message, voice mail, or facsimile message, which is consistent with the basis of marketing approaches, an Act instituted in 1991, called the ‘Telephone Consumer Protection Act (TCPA), was implemented to protect the average user. To protect the consumer further, the Telephone Consumer Protection Act (TCPA), was amended in 2003, with the ‘Do Not Call Implementation Act,’ which introduced restrictions, allowing a consumer to join a register, protecting them from receiving calls from a particular marketer . The telemarketer is required to review the registry every thirty days, and adhere to not calling that particular consumer from that day forward. If that telemarketer should call after the thirty days, the business will suffer a heavy fine.…

    • 418 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Marketing and its crucial nature in our American society should be under watch due to its persuasive hold on the common consumer. Tools this powerful and considerably life altering cannot be taken lightly. However, when done correctly and with good intent, ethics and legality should be incorporated by businesses to achieve a peak performance. Companies that wish to operate legally and ethically should be sure to incorporate truth and unswayable audiences. Full disclosure of information and regard for harmful products are what separate companies not only in terms of integrity, but also in the minds of the…

    • 1173 Words
    • 5 Pages
    Better Essays
  • Good Essays

    The Controlling the Assault of Non-solicited Pornography and Marketing (CAN-SPAM) Act, (2003) was created because of complaints that people were being misled and deceived by emails and text messages that they were receiving from companies. In the past, there was no need for such a law because there was no such thing as email and text messaging. SPAM, which is unsolicited email and text message advertizing, was the main issue that caused people to see the need for such an Act. People felt that…

    • 554 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In today’s volatile information era, information technology has revolutionized advertisement methods to consumers. The use of advancement in information technology, such as automated and prerecorded messages caused numerous controversies and complaints to the government authority. This engaged the Federal government and Congress to intervene in the protection of the consumers. The Federal government and Congress had create statutes, such as Telephone Consumer Protection Act (TCPA), 1991, and Do Not Call Implementation Act, 2003 that prohibits or blocked unsolicited advertising via communicational devices. This report will illustrate the advances in information technology that resulted in new ethical issues necessitating the creation of each act?…

    • 604 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Gibson, D. &. (2011, July 15). 2011 Mid-Year Criminal Antitrust Update. Retrieved November 17, 2012, from Gibson Dunn Publications: http://www.gibsondunn.com/publications/pages/2011Mid-YearCriminalAntitrustUpdate.aspx…

    • 1350 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Federal Trade Commission

    • 2962 Words
    • 12 Pages

    The Federal Trade Commission enforces a variety of federal antitrust and consumer protection laws. The Commission seeks to ensure that the nation's markets function competitively, and are vigorous, efficient, and free of undue restrictions. The Commission also works to enhance the smooth operation of the marketplace by eliminating acts or practices that are unfair or deceptive. In general, the Commission's efforts are directed toward stopping actions that threaten consumers' opportunities to exercise informed choice. Finally, the Commission undertakes economic analysis to support its law enforcement efforts and to contribute to the policy deliberations of the Congress, the Executive Branch, other independent agencies, and state and local governments when requested.…

    • 2962 Words
    • 12 Pages
    Powerful Essays
  • Better Essays

    Is Microsoft a Monopoly?

    • 1174 Words
    • 5 Pages

    To regulate corporations, the federal and state governments put in place antitrust laws. These laws helped to keep companies from becoming to large to prevent monopolies and these laws encourage competition. Microsoft Corporation was investigated for breaking such laws, trying to monopolize and competed to be dominate the web browser marketplace. As Gilbert stated, “Microsoft engaged in anticompetitive conduct designed to maintain its operating system monopoly to the detriment of consumers” (2001, p. 25). The U.S. department of Justice began the investigation of Microsoft’s predatory practices when a complaint accusing Microsoft using “anticompetitive contracts with personal computer manufacturers to maintain an unlawful monopoly in this market” (Gilbert, 2001, p. 26). This gives us buyers no substitutes for purchasing a personal computer and creates imperfect competition for this industry. This type of competition and rent seeking behavior is crippling to our country by damaging economic growth. Microsoft wanted to “organize themselves in a special interest group in order to improve their ability to affect distributional outcomes. The process…

    • 1174 Words
    • 5 Pages
    Better Essays