Luxottica pays $1.5m penalty for spam breaches

woman holding eyeglasses outside

Owner of the OPSM, Oakley, and Sunglass Hut brands, Luxottica is an eyewear retailer that was fined $1,512,500 for sending over 200,000 unsolicited marketing messages in violation of Australian anti-spam laws. Luxottica sent 91,231 marketing emails to its customers without a working unsubscribe option between November 2022 and May 2023, according to an Australian Communications and Media Authority (ACMA) investigation. In the same time frame, Luxottica also emailed and texted 112,348 clients who had opted out of receiving these communications. It is especially heinous, according to Authority Member Samantha Yorke, to continue spamming clients after they have made the effort to unsubscribe.

Nothing is free like a free press. Give now to help sustain independent journalism in your community.

It's evident from recent events that there has never been a better moment to support local news. Donate now to help sustain independent reporting.

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

“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. 

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,” said Ms Yorke.

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.

Consumers can make a complaint about spam here. For more information on how to reduce unwanted emails, texts, and phone calls, visit the ACMA website. 

Any news tip ?

Contact our editor via Proton Mail encrypted, X Direct Message, LinkedIn, or email. You can securely message him on Signal by using his username, Miko Santos.