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Infringement notices

As part of our investigation and compliance activities we sometimes give infringement notices.

We may give an infringement notice under the Do Not Call Register Act 2006, Spam Act 2003, Telecommunications Act 1997, Broadcasting Services Act 1992, Telecommunications Regulations 2001 and Radiocommunications Regulations 1993.

Read more about infringement notices for telcos.

We have developed a guide to explain our approach to giving an infringement notice.

Infringement notices

Company/individual Description Date Media release
Commonwealth Bank of Australia Sending marketing emails and SMS without consent or without a functional unsubscribe facility. June 2023 Commonwealth Bank penalised $3.55 million for spam breaches
Noah Rose trading as BetDeluxe Sending marketing emails and SMS without consent, without contact details of the sender or without a functional unsubscribe facility. January 2023

BetDeluxe pays $50,000 spam penalty

Investbybit Pty Ltd trading as Binance Australia Sending marketing emails without consent and without a functional unsubscribe facility. November 2022

Binance Australia pays $2 million penalty for spam breaches

Latitude Finance Australia Sending marketing emails and SMS without consent and without a functional unsubscribe facility. July 2022

Latitude Finance pays $1.55m penalty for spam breaches

Exetel Pty Ltd Breach of clause 10.4 of the Telecommunications Consumer Protections Code C628:2019. The ACMA issued an Infringement Notice to Exetel Pty Ltd for breaching the TCP Code. July 2022

ACMA takes action against seven telcos for failing to submit TCP Code compliance statements

The Wine Group Pty Ltd Sending marketing SMS without consent.
Making telemarketing calls to numbers on the Do Not Call Register without consent, not ending the call immediately when asked and not providing required information to call recipients upon request.
May 2022

The Wine Group pays $200,000 for spam and telemarketing breaches

Telstra Corporation Limited

Breaching an ACMA direction to comply with billing accuracy rules in the Telecommunications Consumer Protections Code 2019 by not being able to provide, verify and demonstrate accuracy of bills to customers

April 2022

Further billing errors cost Telstra more than $2.2 million in refunds and penalties

Sportsbet Pty Ltd

Sending marketing emails and SMS without consent or without a functional unsubscribe facility

March 2022 Unlawful spam costs Sportsbet $3.7 million in penalties and refunds | ACMA
Phoenix Securities Pty Ltd Sending marketing emails without consent December 2021 ACMA tackles illegal financial services marketing | ACMA
Information Support Australia Pty Ltd Making telemarketing calls to numbers on the Do Not Call Register without consent  October 2021

ACMA penalises financial services telemarketer $100,000 for unlawful calls

Kalkine Pty Limited Making telemarketing calls to numbers on the Do Not Call Register without consent May 2021

Crackdown on financial services marketing: Kalkine companies pay $350,000 penalty

Telco First Pty Ltd Sending marketing SMS without consent, without identifying the sender or without a functional unsubscribe facility March 2021

Telco First pays $79,800 penalty for spam text messages

Kogan Australia Pty Ltd Sending marketing emails without a functional unsubscribe facility January 2021

Kogan breaches Australian spam laws

Woolworths Group Limited Sending marketing emails after consent was withdrawn and without an unsubscribe facility June 2020

Woolworths pays million-dollar penalty for spamming

Green Sales Pty Ltd Making telemarketing calls to numbers on the Do Not Call Register without consent, not ending the call when asked and not providing information at the start of the call May 2020

Queensland solar provider Green Sales given $50,400 penalty

Grand Group Pty Ltd

Making telemarketing calls to numbers on the Do Not Call Register without consent

March 2020

Solar telemarketing complaints halved

Suntech Solar (trading as Ausuntech Energy) Pty Ltd

Making telemarketing calls to numbers on the Do Not Call Register without consent

February 2020

Solar telemarketing complaints halved

Singtel Optus Pty Limited

Sending marketing emails and SMS after consent was withdrawn and without an unsubscribe facility

January 2020

Optus pays $504,000 for spamming Australians

Wyndham Destinations Asia Pacific Pty Ltd

Making telemarketing calls to numbers on the Do Not Call Register without consent and not ending the call immediately when asked

January 2020

Wyndham Destinations pays $159,600 for telemarketing breaches

Oneflare Pty Ltd

Sending marketing SMS without consent

November 2019

Oneflare pays $75,600 infringement notice for spamming

1st Energy Pty Ltd

Not having adequate contractual arrangements in place with call centres

October 2019

ACMA finds Energy Deal and 1st Energy in breach of telemarketing laws

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