Kmart has paid a $1.3 million fine after sending more than 200,000 emails that breached Australia’s spam laws.
The Australian Communications and Media Authority (ACMA) found Kmart sent 212,471 messages to customers between July 2022 and May 2023 who had previously unsubscribed.
The investigation found that the breaches occurred due to a combination of technology, system and procedural failures.
It has paid an infringement notice of $1,303,500.
Kmart said it was working hard to make changes to ensure such breaches did not happen again.
“We regret that any customers received emails from Kmart when they had opted out,” a spokesperson said.
“These issues should not have occurred, and we are actively working to strengthen our systems.”
ACMA chair Nerida O’Loughlin said people were frustrated and angry with big brands intruding on their privacy by not respecting their wishes to unsubscribe.
“When a customer decides to opt out of a marketing mailing list, businesses are obliged to fulfil that request. The rules have been in place for nearly 20 years and there is simply no excuse,” she said.
“Kmart’s case is particularly concerning as it went on for such a significant period.”
Prior to opening its formal investigation, ACMA claimed it alerted Kmart on multiple occasions it may have issues with its consumer marketing.
(9 NEWS)
