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Australia: ACMA fines Luxottica AUD 1.5 million for sending unsolicited direct marketing messages

On April 10, 2024, the Australian Communications and Media Authority (ACMA) announced that Luxottica Retail Australia Pty Ltd (Luxottica) had paid a fine of AUD 1.5 million (approx. $1 million) for violation of the Spam Act 2003 (the Spam Act), following consumer complaints.

Background to the decision

ACMA stated that it received complaints that Luxottica, an eyewear retailer, had sent marketing messages to consumers who had withdrawn their consent to receive marketing. Additionally, the complainants alleged that the messages did not have a functional unsubscribe facility.

Findings of ACMA

Following an investigation, ACMA found that between November 1, 2022, and May 16, 2023, Luxottica sent customers 91,231 marketing emails without a functional unsubscribe facility, in violation of Section 18(1) of the Spam Act. During the same period, the ACMA determined that Luxottica contravened Section 16(1) of the Spam Act by sending 112,348 texts and emails to customers who had previously unsubscribed from such messages. 

Outcomes

In light of the above, ACMA imposed a fine of AUD 1.5 million (approx. $1 million) on Luxottica. In addition to the fine, ACMA also issued an enforcement undertaking to Luxottica, requiring the company to appoint an independent consultant to review its compliance with spam rules, make improvements where needed, and report regularly to ACMA.

You can read the press release here, the infringement notice here, and the enforceable undertaking here.