Kmart Australia has paid an A$1.3 million (NZ$1.42 million) infringement notice for sending 212,471 marketing emails, according to the Australian Communications and Media Authority (ACMA).

The emails were sent between July 2022 and May 2023 to customers who had previously unsubscribed, due to a combination of technology, system and procedural failures.

“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.”

“Kmart’s case is particularly concerning as it went on for such a significant period,” said ACMA chair Nerida O’Loughlin.

O’Loughlin added the ACMA had given notice to Kmart regarding the issue on multiple occasions prior to the investigation.

Aside from the fine, Kmart will have to appoint an independent consultant to review its compliance with spam rules and to make necessary improvements.

This action comes after several companies including DoorDash, Ticketek, and Uber were penalised for the branches of the spam laws.