The Australian Communications and Media Authority (ACMA) has announced details of penalties paid under Spam Act infringement notices issued to Kmart Australia Limited and Ticketek.
Kmart Australia Limited
Kmart Australia Limited has paid a $1,303,500 infringement notice for sending 212,471 unsolicited electronic marketing emails without a functional unsubscribe facility in breach of the Australian Spam Act.
Following consumer complaints ACMA found Kmart sent 212,471 messages to customers between July 2022 and May 2023 who had previously unsubscribed. The ACMA investigation found that the breaches occurred due to a combination of technology, system and procedural failures.
Prior to opening its formal investigation, the ACMA issued 5 compliance alerts to Kmart that it may have issues with its consumer marketing.
Kmart has also given an enforceable undertaking in respect of carrying out steps to ensure future Spam Act compliance.
Australian ticketing company Ticketek Pty Ltd has paid a $515,040 infringement notice for sending around 98,000 texts and emails across 2022 that were in breach of the Australian Spam Act.
An ACMA investigation found Ticketek sent around 41,000 marketing texts and emails without the consent of recipients and around 57,000 texts and emails to people who had previously unsubscribed.
ACMA has previously issued Ticketek with a formal warning after it breached the Spam Act in 2019.
Ticketek mischaracterised some emails as being non-commercial because they contained event information for ticket holders and therefore considered them exempt from spam rules.
ACMA found the emails also contained links to Ticketek’s website and social media pages, which contained advertising material and promotions for upcoming events.
ACMA has also accepted a three-year court-enforceable undertaking from Ticketek requiring it to appoint an independent consultant to review its compliance with spam rules and to make improvements where needed.
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Author: David Jacobson
Principal, Bright Corporate Law
About David Jacobson
The information contained in this article is not legal advice. It is not to be relied upon as a full statement of the law. You should seek professional advice for your specific needs and circumstances before acting or relying on any of the content.