Justice Logan found that Mr Phillips had been involved in the Safedivert scheme which utilised false dating profiles posing as people seeking legitimate relationships. These profiles would then contact other dating site members, requesting their mobile phone numbers under the guise of wishing to meet in person. Shortly after supplying these details the recipients would receive an SMS inviting them to use a secure SMS chat gateway at a cost of $5 per message.
Mr Phillips was found to have been involved with other persons in the establishment and running of the Safedivert service, which resulted in Australians paying millions of dollars to the elaborate scheme.
In 2009, the ACMA obtained orders and injunctions against four other Brisbane men as well as three companies, one of them based in Hong Kong, for their part in the scheme. To date, the penalties against these seven other respondents total $22.25 million.
The penalty hearing for this matter is set down for 1 December 2010.
Complaints about spam can be made by calling the ACMA on 1300 855 180 or at www.spam.acma.gov.au. Spam SMS can be forwarded to the ACMA on 0429 999 888. Background material on regulation of spam is available at www.spam.acma.gov.au