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Unsolicited Email

United States

The CAN-SPAM Act governs commercial email in the U.S.

Each separate email in violation of the CAN-SPAM Act can be subject to penalties of up to $51,7441.

https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business

United Kingdom

Under the General Data Protection Regulation (GDPR), the maximum fine can be €20 million or 4% of the annual global turnover of the company, whichever is higher.

European Union

The GDPR also applies across the EU, with similar maximum fines as mentioned above.

Japan

In Japan, the Anti-Spam Act governs unsolicited emails. Senders must include their email address or website in marketing emails and provide an opt-out option. Violators can be fined up to JPY 1 million. The Act aims to prevent spam and protect recipients from unwanted messages.

Some of the more well known breaches have come from our favourite brands. To date Ireland has issued the largest fines, notably Meta who received a record fine of EUR 1.2 billion.

Luxottica Retail Australia Pty Ltd was fined $1,512,500 for sending marketing emails without consent and lacking a functional unsubscribe facility.

TPG Internet Pty Ltd was fined $360,000 for breaching the Spam Act by continuing to send commercial emails to customers who had unsubscribed.

Ticketek Pty Ltd received a $515,040 infringement notice for sending marketing emails and SMS without consent.

Kmart paid a $1.3 million fine for sending marketing emails to people who had already unsubscribed.

Since January 2023, EU supervisory authorities have issued a total of EUR 1.78 billion in fines related to GDPR violations.

The Privacy and Electronic Communications Regulations (PECR) in the UK regulate direct marketing, which includes email. The debt management company Digivo Media Ltd (trading as Rid My Debt) was fined £50,000 for sending over 415,000 unsolicited text messages.
MCP Online Ltd was fined £55,000 for making unsolicited financial services calls about pensions and Argentum Data Solutions Ltd received a fine of £65,000 for sending and allowing third parties to send over 2.3 million direct marketing text messages without valid consent.