Retailer’s huge fine for customer spam

An eyewear company has been fined $1.5m for sending more than 200,000 marketing messages in six months to customers, breaching Australian spam laws.

Luxottica owns brands such as OPSM, Sunglass Hut, Ray Ban and Oakley.

The Australian Communications and Media Authority found that between November 2022 and May 2023, Luxottica sent 91,231 marketing emails that did not include a functional unsubscribe option.

During the same period, the retailer also sent 112,348 texts and emails to customers who had unsubscribed from marketing material.

About half of the emails sent without an option to unsubscribe were order confirmations and password reset messages that included links to commercial content, such as how to purchase sunglasses and a free shipping promotion.

In the past 18 months, businesses that have breached spam unsubscribe rules have paid more than $12.7m in fines, with ACMA also taking action against Uber, Outdoor Supercentre and Kmart.

Under Australian spam laws, businesses must make it easy for people to unsubscribe and receive consent from the person receiving the marketing content.

ACMA member Samantha Yorke said it was shocking “to keep spamming customers after they had gone to the effort to unsubscribe.”

“Businesses must keep up their side of the bargain and stop sending these messages when customers ask them to,” she said.

“Once emails include this kind of marketing content they are commercial under the spam rules and must include an the option to unsubscribe from further messages.

“It is unacceptable to include advertising or promotional material if a customer has no way to opt out of receiving these messages.”

Luxottica has also been ordered to appoint an independent consultant to review its compliance with spam rules and make improvements were needed, as well as regularly report to ACMA.

Ms Yorke said ACMA strongly urged all companies engaging in e-marketing in Australia to check that their compliance systems worked and could prevent spamming customers.

NCA NewsWire is seeking comment from Luxottica.