The Australian Communications and Media Authority (ACMA) has announced that Latitude Finance Australia (Latitude) has paid a $1.55 million infringement notice penalty for over three million breaches of the Spam Act 2003 including sending commercial electronic messages without consent.
An ACMA investigation found Latitude mischaracterised commercial emails and texts as ‘information only’ messages. These messages, sent to existing card holders, promoted Latitude products including credit cards—such as 28° Global, Go Mastercard, Gem Visa and CreditLine, mobile applications and reward programs.
Due to the mischaracterisation, Latitude sent over three million commercial emails and text messages without an unsubscribe function between June 2021 and March 2022. These messages also continued to be sent to customers who had already attempted to unsubscribe.
In addition to the penalty, Latitude has given ACMA an enforceable undertaking to appoint an independent consultant to review its compliance with the Spam Act and for Latitude to make required changes and train and monitor staff.
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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.
