Business people negotiating a contract.

Kogan breaches Spam Laws

Malcolm Campbell ||

On 20 January 2021, the Australian Communications and Media Authority (ACMA) announced that Kogan had provided a court enforceable undertaking and paid an infringement notice in the amount of $310,800 for breaches of the Australian spam laws.

The Facts

ACMA’s investigation found that Kogan Australia Pty Ltd sent more than 42 million marketing emails to consumers from which they could not easily unsubscribe.

The emails required customers to take additional steps to unsubscribe including setting up a password and logging into a Kogan account.  

ACMA’s investigation found such messages breached the Spam Act, as the Spam Act requires that commercial electronic messages contain a functional unsubscribe button, allowing consumers to easily unsubscribe if they wish.

ACMA’s investigations came after they received a number of complaints and after ACMA sent Kogan multiple compliance alerts, to alert them of potential non-compliance with the Spam Act. Kogan fully cooperated with the investigation.

Outcome

As a result of the ACMA investigation, ACMA accepted a three year court enforceable undertaking from Kogan. The undertakings require Kogan to appoint an independent consultant to review its systems and procedures and to implement any recommendations which might arise from the review. The undertakings also require Kogan to train staff responsible for sending marketing messages and to report back to ACMA on actions taken in relation to consumer complaints.

Key Lessons

This case highlights ACMA’s willingness to take strong action for breaches of the relevant spam laws.

It is a timely reminder for businesses that they need to be aware of the requirements under the Spam Act when sending out marketing emails or messages to ensure compliance.

If you have any questions or concerns relating to  any of the information in this blog or you require assistance, please do not hesitate to get in touch with a lawyer in Coleman Greig’s Commercial Advice team, who would be more than happy to assist you.

Disclaimer: This article is for general information purposes only and is not a substitute for legal advice. While every effort is made to ensure the accuracy of the content at the time of publication, information, regulations, services, and best practices may change over time. For more details, please read our full disclaimer.

Share:

Send an enquiry

Any personal information you provide is collected pursuant to our Privacy Policy.

Categories
Archives
Author

More posts

Privacy Reform in Australia: What Businesses Need to Know in 2026-2027 (Part 2)

The next tranche of proposed Privacy Act reforms has arrived, with potential implications for businesses undertaking digital marketing, AI initiatives, customer analytics and other data-driven activities. We examine the key proposed changes and the practical steps organisations should consider if the reforms proceed.

Male Judge Writing On Paper
Parramatta Family Court: What to Expect

Attending Parramatta Family Court? Here’s what to expect, from getting there to what happens on the day, plus where to get support. Read our full guide.

Couple Having An Argument In Front Of Judge
Exclusive Occupation of the Family Home After Separation

After separation, disputes about who stays in the family home can quickly become stressful and complex. This article explains when the Family Court may make an exclusive occupation order and the factors considered when deciding who can remain in the property.

Juris what? What is accrued and cross-vested jurisdiction?

In family law matters, disputes sometimes involve issues that fall under both family law and other areas of law. The court may use either accrued jurisdiction or cross-vested jurisdiction to avoid separate court proceedings.