Global eyewear business Luxottica has paid a penalty of $1,512,500 for sending more than 200,000 marketing messages in breach of Australian spam laws.
An Australian Communications and Media Authority (ACMA) investigation found that between November 2022 and May 2023, Luxottica sent customers 91,231 marketing emails without a functional unsubscribe facility. During the same period Luxottica also sent 112,348 texts and emails to customers who had unsubscribed from such messages.
Luxottica is the owner of the OPSM, Oakley and Sunglass Hut brands.
Authority member Samantha Yorke said it was particularly egregious 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,” Yorke said.
Approximately half of the emails sent without the option to unsubscribe were order confirmations and password reset messages that also included or linked to clearly commercial content, such as how to view and purchase Oakley products and a free shipping promotion.
“Once emails include this kind of marketing content they are commercial under the spam rules and must include the option to unsubscribe from further messages,” Yorke said.
“It is unacceptable to include advertising or promotional material if a customer has no way to opt out of receiving these messages.”
In addition to the financial penalty, the ACMA has also accepted a comprehensive three-year court-enforceable undertaking from Luxottica committing it to appoint an independent consultant to review its compliance with the spam rules and make improvements where needed. Luxottica must also report regularly to the ACMA.
This action follows recent enforcement taken against other companies that have breached the spam unsubscribe laws, including Uber, Outdoor Supacentre and Kmart.
“We strongly urge all companies engaging in e-marketing in Australia to check their compliance systems are working and effective to prevent spamming consumers,” Yorke said.
Enforcement of the spam unsubscribe rules is one of the ACMA’s compliance priorities and over the last 18 months businesses have paid more than $12.7 million in spam and telemarketing penalties.