Information received from ADMA, 2005 November 8

To the parent page - 2005 information regarding ADMA and the ACCC.

Here are some documents I received by email from ADMA on November 8th.  Below that, the text of the letter I wrote them requesting information - and their response.

 - Robin Whittle

ADMA's Code Authority Annual Report 2003-2004 

On 2005-11-08, the most recently available (to the public) Annual Report is for 2002-2003, wa at:
and is archived here:

ADMA sent me a file of their 2003-2004 Annual Report on 2005-11-08.  It did not have the final graphic design of the above report, and on 9 November ADMA requested that I not make it available.

 ADMA's Do Not Call and Do Not Mail services

Between them, these files give figures for May 2005 to September 2005.

My letter to ADMA and their response

Here is information I requested, in a letter posted on 28 October 2005.

1 - Annual reports for the Code Authority for 2003-2004 and 2004-2005. 
In lieu of this, please provide:

      a - As much detail as possible of complaints.  Specifically,
          please provide the number of complaints regarding
          telemarketing received in the last few years, how many of
          these concerned ADMA members, the nature of each complaint
          against and ADMA member and of its resolution.

      b - Details of the current Code Authority Board Members - and,
          if possible, any fees or costs paid to them.

2 - Recent figures for the Do-not-mail/call/email/SMS service:

      a - Total number of people who have registered on the list for
          one or more of the four categories: "Direct Mail",
          "Telephone", "Email" and "SMS".

      b - For each category, the number of people who have flagged
          their desire not to be contacted in this manner.

      c - In the past year, or the 2004-2005 financial year, detailed
          information on who ADMA has provided these lists to.  I
          understand that where a company requests details of more
          than one category, the information may be provided as a
          single list with flags indicating the category.  Please
          confirm my understanding that if a company requests, for
          instance, a do-not-Email list that they only receive a list
          of people who flagged Email, not the full list of people,
          including those who did not flag Email.

            i   - The names of each member company who requested such
                  a list, and what categories they requested.  (I
                  assume these are national lists, but if requests are
                  made for state-based lists, please note this.) 

            ii -  Some information on non-members who requested a
                  do-not-contact list.  I recognise you may not be
                  able to disclose the names of such companies,
                  however if you could give some indication of their
                  nature, and any efforts you made to ensure their
                  trustworthiness, I would appreciate it.  If you are
                  unable to disclose the names of these companies,
                  please let me know why this is so.

           iii - If possible, please give an indication of which of
                 these companies (both ADMA members and non-members)
                 are list managers, who would perform services for
                 other ADMA members or non members - especially
                 telemarketers - which involve checking for whether
                 a potential contactee's phone number, address etc.
                 is on the do-not-contact list.

           iv -  The nature of the fees your organisation charges
                 for members and non-members for these lists.

3 - Please document the nature of the contractual arrangement under
    which provide do-not-contact lists, including requirements you
    make regarding not forwarding the list to others and preventing
    its use for any purpose other than restricting contact.

4 - Please explain the arrangements by which companies who request a
    do-not-contact list can be given updated versions - and to what
    extent these arrangements are used.  This will help me and other
    advocates understand the time delays inherent in your service
    providing protection to those who have recently registered.

5 - Please let me know what restrictions, if any, you place on
    businesses, including companies and sole traders, from registering
    with your do-not-contact list.

6 - Please let me know whether you have consulted with the Australian
    Teleservices Association in the development of your proposed 2005 Code.

On 8 November, Jodie Sangter - ADMA's Director of Legal and Regulatory Affairs - provided the following information together with the above-linked report and list details. 

You also requested a copy of the 2004-2005 annual report however as we have not currently reached year end this document is is not yet available.

From the annual report you will be provided a background to the Code Authority including its members and an overview of the number of complaints dealt with.

I will also ask {staff-member} to send you through the most recent figures for the ADMA 'Do Not Contact' services. Please note that it is a condition of ADMA membership that the 'Do Not Contact' services be utilised prior to conducting an unsolicited marketing campaign. If you would like a list of ADMA members please visit the ADMA website (under 'membership').

Companies that subscribe to the Do Not Contact services are required to sign a licence agreement to ensure the data is treated appropriately and for the sole purpose of suppression. By signing the licence agreement the subscriber, if not an ADMA member, agrees to come within the remit of the Code Authority.

Information about ADMA membership is also available from the ADMA website. Membership is offered on a sliding scale dependent on the organisations annual marketing spend. Organisation membership commences at $1000.