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Investigations into spam and telemarketing

The law protects you from commercial emails and SMSs you did not agree to receive. It also protects you from unwanted phone calls and fax messages if you have signed up for the Do Not Call Register.

About our Investigations

Where we find breaches of the law, we can take action:

  • take the matter to the Federal Court, which can impose significant penalties
  • give an infringement notice
  • issue a formal warning
  • accept court-enforceable undertakings

If you think someone has breached the law you can complain to us about spam and telemarketing. If the issue is serious or ongoing, we may investigate.

Find out more about our role in compliance and enforcement.

Outcomes for 2020

Company/individual Description Outcome of investigation Date

Telemarketing

Salescorp Marketing Solutions Pty Ltd Making telemarketing calls and not ending the call immediately when asked Formal Warning July
Green Sales Pty Ltd 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 at the start of the call

$50,400 Infringement notice

Schedule 2 has been redacted as it contains personal information

May
BVivid Pty Ltd Making telemarketing calls to numbers on the Do Not Call Register without consent Formal warning and enforceable undertaking June

Data One Communications (trading as Pioneer Solar) Pty Ltd

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

Formal warning and enforceable undertaking

May

Grand Group Pty Ltd

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

$4,200 Infringement notice

March

Suntech Solar (trading as Ausuntech Energy) Pty Ltd

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

$4,200 Infringement notice

February

Ausgreen International (trading as Ausgreen Solar) Pty Ltd

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

Formal warning

February

Wise Business Group (trading as Eco Wise Energy) Pty Ltd

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

Formal warning

February

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

$159,600 Infringement notice

January

Spam

Ooh Aah Productions Pty Ltd (trading as Rainbow Flag Australia) Sending marketing emails without consent Formal Warning September
Woolworths Group Limited Sending marketing emails after consent was withdrawn and without an unsubscribe facility

$1,003,800 Infringement notice Schedule 2 has been redacted as it contains personal information

Enforceable undertaking

June
Singtel Optus Pty Limited Sending marketing emails and SMS after consent was withdrawn and without an unsubscribe facility

$504,000 Infringement notice

Enforceable undertaking

January

Outcomes for 2019

Company/individual Description Outcome of investigation Date

Telemarketing

Enxo Energy  Pty Ltd trading as Energy Deal Making telemarketing calls and not ending the call immediately when asked Enforceable undertaking December
1st Energy Pty Ltd Not having adequate contractual arrangements in place with call centres $2,100 Infringement notice October
Illawarra Regional Information Service (IRIS Research) Making or attempting to make research calls without calling line identification enabled Formal warning October
TownandCounrtySolar.com.au Pty Ltd Making telemarketing calls to numbers on the Do Not Call Register without consent Formal warning and enforceable undertaking October
Liberal Party of Australia (SA Division) Making or attempting to make research calls during prohibited calling times Formal warning September

Sumo Power Pty Ltd

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

$46,200 Infringement notice

June

Utility Hub Pty Ltd

Failing to give the name of the company making the call at the start of a telemarketing call

Formal warning May

PreLegal Pty Ltd

Making telemarketing calls to numbers on the Do Not Call Register without consent, or after consent had been withdrawn

Formal warning February

Spam

Oneflare Pty Ltd Sending marketing SMS without consent

$75,600 Infringement notice

Enforceable undertaking

November

Mill Estate Holdings Pty Ltd

Sending marketing emails without consent and without an unsubscribe facility

Formal warning May

Brand Link Media Pty Ltd

Sending marketing messages without consent

$12,600 Infringement notice

Enforceable undertaking

April
Ticketek Pty Ltd Sending marketing emails after consent has been withdrawn Formal warning February

Outcomes for 2018

Company/individual Description Outcome of investigation Date

Telemarketing

Primus Telecommunications Pty Ltd

Making telemarketing calls to numbers on the Do Not Call Register after consent had been withdrawn

 

$8,400 Infringement notice

 

November

 

Dodo Services Pty Ltd

Making telemarketing calls to numbers on the Do Not Call Register after consent had been withdrawn

Formal warning

November

Foxtel Management Pty Limited

Making telemarketing calls and not ending the call immediately when asked

Not having adequate contractual arrangements in place with a call centre

$25,200 Infringement Notice

November

Premium Flight Club Pty Ltd 

Causing telemarketing calls to be made to numbers on the Do Not Call Register without consent

Formal warning

November

iSelect Limited

Making telemarketing calls to numbers on the Do Not Call Register after consent had been withdrawn

$8,400 Infringement notice

October

Lead My Way Pty Ltd

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

$285,600 Infringement notice September

ReachTel Pty Ltd

Making research calls during prohibited calling times

Formal warning

August

Eco Star Double Glazing Pty Ltd

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

$25,200 Infringement notice

May

Allied Construction and Roofing Pty Ltd

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

$21,600 Infringement notice

March

Instyle Solar Pty Ltd

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

$10,800 Infringement notice

January

Spam

Gardener Consultants Pty Ltd as Trustee for the Gardner Family Trust (trading as Promotional USB)

Sending marketing emails without consent

Formal warning November

Force Industries Pty Ltd

Sending marketing emails without consent

Formal warning

September

Service Seeking Pty Ltd

Sending marketing messages (SMS) without consent, without clearly identifying who authorised them and without an unsubscribe statement

$50,400 Infringement notice July

Helen Woods (trading as the Australian College of Administration)

Sending marketing emails without consent

Formal warning

July
We Fix Credit Sending marketing emails without consent Formal Warning May

Outcomes for 2017

Company/individual Description Outcome of investigation Date

Spam

TPG Internet Pty Limited

Sending marketing messages (SMS) after consent had been withdrawn

$360,000 Infringement notice

November

ValueAd Marketing Pty Ltd

Sending marketing messages (SMS) with did not include clear and accurate contact details

Formal warning

October

Careers Australia Group Limited

Sending marketing messages (SMS) without clearly identifying who authorised them, their contact details or an unsubscribe facility

Formal warning

July

Upside.Digital Pty Ltd

Sending marketing messages (emails) without clearly identifying who authorised them

$39,600 Infringement notice

Enforceable undertaking

July

Previous investigations

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