The Australian Communications and Media Authority (ACMA) has announced that Commonwealth Bank of Australia (CBA) has agreed to pay a $7,502,610 penalty after sending over 170 million marketing emails to CBA customers between November 2022 and April 2024 that breached the Australian Spam Act.
ACMA issued an Infringement Notice that alleged that CBA contravened:
- subsection 16(1) of the Spam Act by sending commercial electronic messages (CEMs) that had an Australian link without the consent of the relevant electronic account holder, and which were not designated commercial electronic messages; and
- subsection 18(1) of the Spam Act by sending CEMs that had an Australian link without a functional unsubscribe facility, and which were not designated commercial electronic messages.
A total of 34 million messages were sent to people who had either not consented or who had withdrawn their consent to receive such messages.
CBA had incorrectly classified millions of messages as non-commercial.
CBA has given an Enforceable Undertaking that it will obtain an independent review of its compliance and implement improvements, as well as providing training, appropriate resources and governance to ensure its compliance.
In 2023, CBA paid a $3.55 million penalty for sending 65 million emails without unsubscribe information. Background.
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Author: David Jacobson
Principal, Bright Corporate Law
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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.
