To the parent page - general telemarketing social issues and history of the debate, including the Government's Do-Not-Call list proposal.
To the 2003-2004 page, with various detailed submissions regarding the telemarketing problem.
The ACCC's page for this matter: http://www.accc.gov.au/content/index.phtml/itemId/479780
19 December 2005
My submission is:
ADMA-rw.html or in PDF, as sent to the ACCC: ADMA-rw.pdf .The submisison from the Finacial Services Consumer Policy Centre is here:
8 November 2005
Please see the directory ADMA-docs/ for some information on their Do-Not-Call/Mail lists from May to September 2005.
31 October 2005
The Australian Direct Marketing Association ADMA http://www.adma.com.au has applied to the ACCC to gain authorisation for a modified version of its Direct Marketing Code of Practice.
In October 2005, the ACCC made a Draft Decision approving this application. That decision, which includes ADMA's proposed Code, and various documents as they arrive, is here:
http://www.accc.gov.au/content/index.phtml/itemId/479780That page also links to the various submissions in the 2003/2004 period.
The ACCC is clearly underwhelmed by this new Code:
ADMA (at 19 October 2005, according to their website listings) has 544 members, only 32 of which are "telemarketing services" companies:In considering the possible anti-competitive effect of the Code, the
ACCC has noted the following:
* the loss of/or inability to obtain ADMA membership is unlikely to
significantly impede a direct marketers' ability to market or
compete in the industry;
* the level of anti-competitive detriment likely to flow from the
existence of the ADMA Code is significantly lessened due to the
current legislative obligations which exist regardless of the Code.
* it is not likely that the burdens placed on organisations to
comply with the ADMA Code would result in any significant
Overall, the ACCC has concluded that the anti-competitive effect of
the Code is likely to be minimal.
In considering the extent to which the ADMA Code enhances public
benefit, the ACCC has concluded that some features of the Code,
being those provisions which provide consumers with rights and
avenues additional to those that are granted at law and provide
consumers with recourse to a resolution mechanism where they have
complaints regarding the conduct of an ADMA member, are likely to
result in some public benefits.
It should be noted that the ACCC considers that an industry code
responding to and appropriately addressing concerns about direct
marketing has the potential to result in significant benefits to the
public. While ADMA has made a number of key improvements to the
Code, the ACCC nonetheless considers that further improvements
in a number of key areas would improve the effectiveness of the
ADMA Code and would be likely to result in greater benefits to
the public than currently arise.
On the balance, however, the ACCC considers that the ADMA Code
is likely to result in a small net benefit to the public. The ACCC
therefore proposes to grant ADMA's application for revocation of
A40077 and its substitution by A90876 for a period of 3 years.
Active Mail TAREN POINT NSW
Advantage Communications & Marketing Pty Ltd NORTH PERTH WA
Blueprint Management Group Pty Ltd SYDNEY NSW
bms telecorp KEW EAST VIC
Call Centre INTEGRITY Pty Ltd MILSONS POINT NSW
Campbell Brothers Services AUBURN NSW
Comprite Pty Ltd RED HILL QLD
Contact 1-2-1 Pty Ltd ADELAIDE SA
Controlled Marketing WEST PERTH WA
Customers 1 to1 Pty Ltd CHATSWOOD NSW
Direct Connect SYDNEY NSW
DTS Group Pty Ltd CHELTENHAM VIC
Dun & Bradstreet MELBOURNE VIC
Famoice Technology Pty Ltd FITZROY VIC
Hogan Marketing Services SYDNEY NSW
ICT Australia Pty Ltd SYDNEY NSW
iLeo MCMAHONS POINT NSW
Information Dialling Services Pty Ltd MILPERRA NSW
IT Direct Pty Ltd RYDALMERE NSW
Lake Corporation Pty Ltd WILLOUGHBY NSW
Link Communications Corporation MELBOURNE VIC
Morganisation Pty Ltd OBERON NSW
MRM Partners Worldwide WOOLLOOMOOLOO NSW
PCI Call Centre Solutions MOORABBIN VIC
Salmat ST LEONARDS NSW
Smart Health Australia (Aust) BALACLAVA VIC
Spencer Technology Services SURRY HILLS NSW
Stellar Call Centres Pty Ltd RICHMOND VIC
Telco Services Australia Pty Ltd WEST PERTH WA
Thomas Direct Pty Ltd RUNAWAY BAY QLD
Unity4 Teleservices SURRY HILLS NSW
Some of the other members do their own telemarketing, but I think most of them are primarily concerned with direct mail - which is ADMA's traditional field of coverage.
The Minister for Communications is apparently planning a Do-Not-Call scheme - and has the support of MPs from both government and opposition parties:
End of the line is nigh for serial phone pests October 16 2005 By Daniel Dasey
ADMA wants to run such a scheme!
Meanwhile, the Australian Teleservices Association (formerly the Australian Telemarketing Association):
http://www.ata.asn.auis the body which covers outbound telemarketing, as a subset of its (mainly inbound) call centre industry coverage.
The ATA doesn't list its membership.
I suggest that the ACCC should postpone its ADMA decision until it is clear what the federal government is planning with a Do-Not-Call list. In any event, I believe that an ADMA Code should only be approved if it makes not attempt to cover telemarketing. An important criterion in the ACCC approving an organisation's Code of Practice is that the organisation has significant industry coverage. But ADMA has very poor coverage of all the companies (and charities) which do outbound telemarketing.
The ACCC is having a pre-decision conference on 14 November and is receiving written submissions until 16 December, or potentially longer according to government policy developments regarding a Do-Not-Call list.