Latitude Finance Australia (Latitude) has paid a $3.96 million penalty after the Australian Communications and Media Authority (ACMA) found the company breached Australia's spam laws more than 2.7 million times.
The ACMA investigation found that between March 2024 and April 2025, Latitude sent more than 2.3 million marketing messages without accurate contact information, of which 344,416 messages also lacked a working unsubscribe function.
This is the second time the ACMA has taken enforcement action against Latitude for spam breaches. In 2022, the company paid a $1.55 million penalty for similar contraventions.
The latest breaches were identified through Latitude's mandatory compliance reporting under a court‑enforceable undertaking entered into following the previous investigation.
ACMA member Samantha Yorke said the size of the penalty reflected Latitude's repeated compliance failures.
"Latitude is now a two‑time offender and it is disappointing that it let consumers down again," Ms Yorke said.
"The spam laws have been in place for more than 20 years, and there is simply no excuse for ongoing non‑compliance, particularly after a prior enforcement action."
The messages promoted Latitude credit card products and financial services. While recipients were told they could reply 'STOP' to unsubscribe, many messages were not capable of being used in this way.
"Under Australia's spam laws consumers have the option to unsubscribe from commercial messages, and that process must work," Ms Yorke said.
"They must also provide accurate information within the message about how the sender can be contacted."
The ACMA has accepted new court-enforceable undertakings from Latitude requiring it to appoint an independent consultant to further review its compliance with the spam laws and to undertake regular and comprehensive reporting to the ACMA.
"Given Latitude's history of non-compliance, we will be very closely monitoring how it meets its obligations," Ms Yorke said.
The ACMA has published guidance to assist businesses in understanding and meeting their obligations under the spam rules here.
Over the last 18 months businesses have paid over $10.6 million in spam penalties.