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 | |
| Investbybit Pty Ltd trading as Binance Australia | Sending marketing emails without consent and without a functional unsubscribe facility. | November 2022 | |
| Latitude Finance Australia | Sending marketing emails and SMS without consent and without a functional unsubscribe facility. | July 2022 | |
| 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 |
|
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 | |
| Kogan Australia Pty Ltd | Sending marketing emails without a functional unsubscribe facility | January 2021 | |
| 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 |
|
Making telemarketing calls to numbers on the Do Not Call Register without consent |
March 2020 |
Solar telemarketing complaints halved |
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Making telemarketing calls to numbers on the Do Not Call Register without consent |
February 2020 |
Solar telemarketing complaints halved |
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|
Sending marketing emails and SMS after consent was withdrawn and without an unsubscribe facility |
January 2020 |
Optus pays $504,000 for spamming Australians |
|
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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 |
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Sending marketing SMS without consent |
November 2019 |
Oneflare pays $75,600 infringement notice for spamming |
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Not having adequate contractual arrangements in place with call centres |
October 2019 |
ACMA finds Energy Deal and 1st Energy in breach of telemarketing laws |