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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
Luxottica Retail Australia Pty Ltd Sending marketing emails without consent and without a functional unsubscribe facility. February 2024 Luxottica pays $1.5m penalty for spam breaches
Medion Australia Pty Ltd Failing to confirm that the person requesting a high-risk customer transaction is the customer or the customer’s authorised representative, by using an applicable identity authentication process, prior to undertaking the first high-risk customer transaction during a high-risk customer interaction. October 2023 Medion pays $259,000 penalty for breaches of anti-scam rules
Ticketek Pty Ltd Sending marketing emails and SMS without consent. October 2023 Ticketek pays $500,000 penalty for repeat spam breaches
Telnyx Australia Pty Ltd

Failing to give customer data to the Integrated Public Number Database (IPND) and failing to undertake adequate identity checks for its prepaid mobile customers.

Failing to undertake adequate identity checks when porting customers’ mobile numbers from other telcos.

September 2023 Telnyx breaches anti-scam and public safety rules
Kmart Australia Ltd Sending marketing emails without consent. September 2023 Kmart pays $1.3m penalty for spam breaches
Uber Australia Pty Ltd Sending marketing emails without consent and without a functional unsubscribe facility. September 2023 Uber pays $412,500 penalty for spam
DoorDash Technologies Australia Pty Ltd Sending marketing emails and SMS without consent and without a functional unsubscribe facility. August 2023  DoorDash penalised $2 million for spam breaches
Seven Network (Operations) Ltd Providing prohibited gambling promotional content during a live sporting event. August 2023 Seven breaches online gambling advertising rules
Tyre and Auto Pty Ltd trading as mycar Tyre & Auto Sending marketing emails and SMS without consent and without a functional unsubscribe facility. June 2023 mycar Tyre & Auto penalised $1m for spam breaches
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
Entain Pty Ltd Acceptance of online in-play sports bets in contravention of the Interactive Gambling Act 2001 April 2023 Entain penalised for online in-play bets
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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