Luxottica, the eyewear retailer behind OPSM, Oakley, and Sunglass Hut, has been fined over $1.5 million for spamming. 

The company has incurred a penalty of $1,512,500 for breaching Australian spam regulations, after it was found to have sent over 200,000 unsolicited marketing messages.

An investigation by the Australian Communications and Media Authority (ACMA) found that from November 2022 to May 2023, Luxottica sent a total of 91,231 marketing emails that lacked a functional unsubscribe option, which is a key requirement under the spam laws. 

Additionally, the company sent 112,348 emails and texts to individuals who had previously opted out of such communications.

ACMA’s Samantha Yorke has noted the severity of the company’s actions.

“It is particularly egregious to keep spamming customers after they had gone to the effort to unsubscribe,” she said. 

The investigation revealed that nearly half of the problematic emails included commercial content disguised as order confirmations and password resets. 

These messages promoted products or linked to sales promotions without offering an unsubscribe option, violating further spam regulations.

In response to these violations, Luxottica has paid the penalty but also entered into a three-year court-enforceable undertaking with the ACMA. 

This agreement includes the appointment of an independent consultant to review and enhance the company's compliance practices, and mandates regular reporting to the ACMA on progress.

This penalty is part of a broader crackdown by the ACMA, which has seen other major companies like Uber, Outdoor Supacentre, and Kmart also penalised for similar breaches. 

Over the past 18 months, businesses have paid over $12.7 million in fines for violations related to spam and telemarketing.

“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.