Eyewear retailer Luxottica has paid a $1,512,500 penalty 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, who owns the OPSM, Oakley and Sunglass Hut brands, 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.
ACMA 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.
About 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.
“It is unacceptable to include advertising or promotional material if a customer has no way to opt out of receiving these messages,” Ms Yorke said.
As well as 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.
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