Eyewear retailer should have taken a closer look at their marketing settings – Advertising, Marketing & Branding

Eyewear retailer Luxottica, owner of the OPSM, Oakley and
Sunglass Hut brands, has been the most recent subject of
enforcement action taken by the Australian Communications and Media
Authority (ACMA) for breach of Australian Spam
laws under the Spam Act 2003 (Cth) (Spam Act).

The investigation found that between November 2022 and May 2023,
Luxottica sent:

• 91,231 marketing emails to consumers without a functional
  unsubscribe facility




• 112,348 texts and emails to consumers who had previously
  unsubscribed from receiving these communications.

Luxottica was fined $1,512,500 by ACMA for its violations of the
Spam Act.

This follows recent enforcement action taken by ACMA against
other businesses, such as Outdoor Supacentre Pty Ltd, for breach of
Australian Spam laws. Our recent article ‘Time to revisit your marketing settings?
Recent penalties for breaching Spam law’ summarises the
action taken by ACMA against Outdoor Supacentre and steps which
businesses can take to ensure they are compliant with Australian
Spam laws.

ACMA reported that over the last 18 months businesses have paid
more than $12.7 million in spam and telemarketing penalties.

Key takeaways

• make sure your marketing templates include a functional
  unsubscribe facility




• check your processes to ensure unsubscribe requests are
  actioned within the required timeframe.

It is probably worth taking another look at how you manage your
marketing settings as enforcement of the spam unsubscribe rules
continues to be one of the ACMA’s compliance priorities.

This publication does not deal with every important topic or
change in law and is not intended to be relied upon as a substitute
for legal or other advice that may be relevant to the reader’s
specific circumstances. If you have found this publication of
interest and would like to know more or wish to obtain legal advice
relevant to your circumstances please contact one of the named
individuals listed.

POPULAR ARTICLES ON: Media, Telecoms, IT, Entertainment from Australia