Latitude Finance Australia has been ordered to pay a $3.96 million penalty after regulators found the lender broke Australia’s spam laws more than 2.7 million times, according to reports by ABC News, 9News, and news.com.au.
The Australian Communications and Media Authority (ACMA) said the latest breaches occurred between March 2024 and April 2025 and involved marketing messages that did not meet basic legal requirements.
According to ACMA, Latitude sent more than 2.3 million electronic messages that failed to include accurate contact information for the business, as required under the Spam Act. Within that total, 344,416 messages also lacked a properly functioning unsubscribe mechanism, meaning recipients were told they could opt out but were not actually able to do so.
The case marks the second time in four years that Latitude has faced significant enforcement action for similar conduct. In 2022, the company paid a $1.55 million penalty after an earlier ACMA investigation into marketing communications that were sent without a valid unsubscribe function.
ACMA member Samantha Yorke said the size of the new penalty reflected the regulator’s concern about repeat failures.
“Latitude is now a two-time offender and it is disappointing that it let consumers down again,” 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 offending messages promoted Latitude’s credit card products and other financial services. Many told recipients they could reply “STOP” to end further marketing, but in numerous cases that command did not work, leaving customers without an effective way to opt out.
As part of the latest enforcement response, ACMA has accepted new court-enforceable undertakings that require Latitude to strengthen its systems and reporting. The company must appoint an independent consultant to review its compliance with spam rules and provide regular, detailed updates to the regulator.
In a statement to the market, Latitude said: “Upon becoming aware that it had sent potentially non-compliant SMSs, Latitude reported the matter to the ACMA and immediately strengthened its spam compliance processes.”
The firm has also committed to engaging an external expert to confirm its revised controls are operating as intended under the undertaking.
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