Optus has announced new requirements in Australia, which will be enforceable from the end of April. Below we summarise some of the key updates, although this is not intended as detailed legal advice.
There are 2 new “Severity 1” breaches:
1. The STOP command is now mandated, and must be explained on the sign-up page
2. Banners must explain that the service is chargeable. (Empello note: “fees apply” or “Subscription service” may be a good approach. Caution should be exercised as stating actual price is problematic if price changes and/or if using affiliates)
There are 3 new “Severity 2” breaches:
1. Prelanders, if used, must also have charging information and “service T&Cs”. (Empello note: It is not clear if affiliates pre-landers need to have this, but due to the risk of affiliates getting this wrong, as a minimum this rule should apply to merchant-controlled prelanders)
2. The merchant’s name need to be displayed
3. If post-purchase marketing messages are to be sent, this must be disclosed.