When marketing crosses the line: A deep dive into spam, compliance & protecting your brand

Email marketing: a legendary tool for building relationships, driving sales, and bolstering brand loyalty. Yet, when brands trade strategy for spam, things can go horribly wrong—and not just for customers. In 2025, the stakes for companies playing fast and loose with email marketing in Australia are higher than ever.

Hunter Express Freight is a glaring example of how failing to respect the rules can create big headaches—and harm a business’ reputation in ways that can’t be undone. Buckle up as we investigate their spamming practices, Australian spam laws, and how businesses can stay on the right side of the line.

The anatomy of spam: Where does it go wrong?

Blatant spam is the digital equivalent of shouting at customers through a megaphone. But email marketing missteps aren’t always so obvious. Did you know that even implied consent—when inferred from a prior relationship—may fail to comply with Australia’s Spam Act 2003 if handled poorly?

Here’s where many companies drop the ball:

•Sending excessive emails to users who previously opted in but didn’t expect daily spam.

•Continuing marketing when a recipient has unsubscribed or explicitly asked to stop.

•Masking commercial emails under the guise of “helpful updates” but slipping in promotions.

The Australian Communications and Media Authority (ACMA) has made it clear: any breach, no matter how subtle, is unacceptable. And its enforcement in recent years has been fierce, with fines running into the millions for serial offenders

Let’s put an offender under the microscope: Hunter Express Freight.

Back in 2022, one of our clients reached out, frustrated as they faced an avalanche of emails from this courier service. Despite unsubscribing and asking to be removed from their lists, the onslaught continued—several emails per week about the same services. Frustrated and powerless, the client reported the issue to ACMA. This halted the spam… for a while.

Unfortunately, the spammer is back in business. Over the past few months, a representative named “Gam Tissatheja” has resumed contact, sending repetitive, unsolicited emails multiple times weekly. Our client responded politely at first, firmly requesting a removal from the email list. When that didn’t work, the tone became stern. But Gam simply doesn’t stop.

This behaviour is a textbook violation of the Australian Spam Act 2003—a law designed to protect individuals from unsolicited commercial electronic messages. By ignoring unsubscribe requests and bombarding recipients with irrelevant content, Hunter Express Freight risks losing more than just one customer: their reputation is on the line

The Spam Act: What does it demand?

The Spam Act 2003 governs how Australian businesses can send commercial electronic messages and leaves no room for shortcuts. Here’s what the law requires:

• Consent is Key
  Messages must be sent with express or inferred consent. Express consent involves a customer ticking a box, signing up voluntarily, or otherwise clearly opting in. Inferred consent may only apply when there’s an ongoing relationship clearly tied to the marketing being sent. Anything else? Illegal.

• Identify Yourself
  Every email must contain accurate, clear sender details, including a legal business name and valid contact details. This gives recipients the confidence to verify the legitimacy of the sender.

• Let Them Go, Gracefully
  Businesses must include a working unsubscribe option. Once a customer opts out, their request must be honoured within five business days. Continuing communication beyond this is illegal—and a customer reporting you to ACMA isn’t just a slap on the wrist anymore; it’s a high-risk gamble.

Why spam kills your brand’s credibility

Hunter Express Freight isn’t a solo act—other companies have made similar mistakes. In 2025, a major Australian telco was fined over $600,000 after repeatedly spamming unsubscribed customers. ACMA has made it clear—it doesn’t matter how “big” your name is, nobody gets a free pass.

But here’s what’s worse: your customers aren’t faceless emails. They talk. They post. They leave reviews. In the case of Hunter Express Freight, our client has taken screenshots, shared feedback with us, and has escalated the matter to regulators.

Trust is fragile. Spam shatters it.

How to stay on the right side of compliance

Want to avoid becoming the next Hunter Express Freight? Here’s a compliance checklist to keep your marketing aligned with Australian spam laws:

• Obtain clear consent through opt-in processes (consider a double opt-in) and regularly refresh consents.
• Make opt-out easy—functional links, no complicated steps, and action requests within five days.
• Audit your processes, including third-party marketing agencies. The Spam Act doesn’t let you pass the buck.
• Stop spamming! Respect your recipients’ preferences. Sending emails after receiving an unsubscribe request isn’t just spam—it’s lazy marketing.

Reflect, adjust, and win back trust

The lesson here couldn’t be clearer: play by the rules or pay the price. Marketing isn’t just about reaching inboxes; it’s about building lasting customer trust. If businesses like Hunter Express Freight persist in spamming, they might find their customers vanishing faster than their emails hit send.

Make thoughtful communication your competitive edge. After all, no unsubscribe link can remove the damage done to your brand when customers feel ignored, disrespected, and spammed.