Major online retailer Kogan has been fined $310,800 for sending 42 million marketing emails without proper unsubscribe functions. The Australian Communications and Media Authority (ACMA) found the company breached Australian spam laws by forcing consumers to set up an account before they could sign-out of the emails. “Kogan’s breaches have affected millions of consumers. The ACMA received complaints from several recipients of Kogan’s email expressing their frustration and concern with Kogan’s practices,” ACMA Chair Nerida O’Loughlin said in a statement. “Businesses must comply with the unsubscribe requirements in the spam rules. This investigation makes clear that businesses can’t force customers to set a password and login to unsubscribe from receiving commercial messages,” she said. “The ACMA sent Kogan multiple compliance alerts before commencing this investigation. These notifications are designed to alert businesses of potential non-compliance with the Spam Act,” she added. Kogan has also accepted a three-year undertaking to appoint …