"Providing the ability to opt out is mandatory for marketing messages. In this case, Lululemon sent service emails, such as shipping updates that also contained sales material and direct links to promotions. This was an easily avoidable error that has led to hundreds of thousands of marketing emails being sent without a way for people to opt out."
"An investigation by the Australian Communications and Media Authority (ACMA) found Lululemon violated the rules when sending more than 370,000 emails containing commercial content without an option for recipients to unsubscribe. The watchdog said the company mischaracterised service messages, including delivery and order confirmation emails, that also had a clear marketing purpose between December 2024 and January 2025."
The Australian Communications and Media Authority (ACMA) fined Lululemon $702,900 for breaching spam regulations. The company sent more than 370,000 emails containing commercial content without providing recipients an unsubscribe option between December 2024 and January 2025. ACMA found that Lululemon mischaracterized service messages like delivery and order confirmations that also contained marketing promotions and direct links to sales. Under Australian spam laws, any electronic message with promotional or sales content is considered commercial and must include an opt-out mechanism. Lululemon acknowledged the violation and stated it has reviewed and updated its email practices to ensure compliance with regulatory requirements.
Read at Abc
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