The Australian Communications and Media Authority (ACMA) has hit mobile phone manufacturer Nokia with a $55,000 fine and forced the company to audit its marketing practices after breaching the Spam Act.

Nokia was found to be sending text messages with ‘tips’ on using the mobile phone they have purchased, some of them aimed at promoting other products and services the Finnish company offers, without a method of unsubscribing from the service.

“SMS allows businesses to reach their customers no matter where they are or what they are doing,” said Richard Bean, acting chairman of the ACMA, in a statement. “But with that opportunity come responsibilities under the Spam Act, including the obligation to include an unsubscribe facility in marketing messages.”

The ACMA has accepted an enforceable undertaking from Nokia, where the manufacturer will ensure all marketing texts will have an unsubscribe option and audit its systems and training materials to ensure compliance with the Spam Act.

According to the ACMA, there was a 370% increase in the number of complaints about SMS messages during the 2010-2011 financial year, when compared with the previous year.

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