Kmart Australia has been issued a $1.3 million infringement notice by the Australian Communications and Media Authority (ACMA) for sending 212,471 marketing emails to customers who had previously unsubscribed.
Kmart Australia has been issued a $1.3 million infringement notice by the Australian Communications and Media Authority (ACMA) for sending 212,471 marketing emails to customers who had previously unsubscribed.
The emails were sent between July 2022 and May 2023 due to a combination of technology, system and procedural failures.
ACMA chair Nerida O’Loughlin said: “When a customer decides to opt out of a marketing mailing list, businesses are obliged to fulfil that request. The rules have been in place for nearly 20 years and there is simply no excuse. Kmart’s case is particularly concerning as it went on for such a significant period.”
The ACMA had given notice to Kmart regarding the issue on multiple occasions prior to the investigation.
In addition to the fine, Kmart will have to appoint an independent consultant to review its compliance with spam rules and to make necessary improvements.
This is not the first time companies have been penalised for breaching spam laws. DoorDash, Ticketek, and Uber have all been issued infringement notices in the past.
According to Internet Retailing, the fine is the largest ever issued by the ACMA for a breach of spam laws.
The ACMA has urged businesses to ensure they are compliant with the Spam Act 2003, which requires companies to provide customers with an easy way to unsubscribe from marketing emails.
“The ACMA takes breaches of the Spam Act seriously and will take action against companies that fail to comply,” said O’Loughlin.
“We encourage businesses to review their systems and processes to ensure they are compliant with the Spam Act.”
Sources: https://internetretailing.com.au/kmart-cops-1-3-million-fine-for-over-200000-spam-emails/
