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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 2024

Company Description Outcome of investigation Date

Spam

Commonwealth Bank of Australia Sending marketing emails and SMS without consent and without a functional unsubscribe facility

Spam Investigation Report

$7,502,610 infringement notice and enforceable undertaking

August 2024
Pizza Pan Group Pty Ltd trading as Pizza Hut Australia Sending marketing emails without consent, without contact details and without a functional unsubscribe facility

Spam Investigation Report

$2,502,500 infringement notice and enforceable undertaking

May 2024
Luxottica Retail Australia Pty Ltd Sending marketing emails without consent and without a functional unsubscribe facility

Spam Investigation Report

$1,512,500 infringement notice and enforceable undertaking

April 2024
Outdoor Supacentre Pty Ltd Sending marketing SMS without consent

Spam Investigation Report

$302,500 infringement notice and enforceable undertaking

January 2024

Outcomes for 2023

Company/individual Description Outcome of investigation Date

Spam

Ticketek Pty Ltd Sending marketing emails and SMS without consent

Spam investigation report

$515,040 infringement notice and enforceable undertaking.

October 2023
Kmart Sending marketing emails without consent

Spam investigation report

$1,303,500 infringement notice and enforceable undertaking.

September 2023
Uber Australia Pty Ltd Sending marketing emails without consent or without a functional unsubscribe facility

Spam investigation report

$412,500 infringement notice.

September 2023
DoorDash Technologies Australia Pty Ltd (DoorDash) Sending marketing emails and SMS without consent or without a functional unsubscribe facility.

Spam investigation report

$2,011,320 infringement notice and enforceable undertaking.

August 2023  
Tyre and Auto Pty Ltd trading as mycar Tyre & Auto Sending marketing emails and SMS without consent or without a functional unsubscribe facility.

Spam investigation report

$1,047,840 infringement notice and enforceable undertaking.

June 2023
Commonwealth Bank of Australia Sending marketing emails and SMS without consent or without a functional unsubscribe facility.

Spam investigation report

$3,552,000 infringement notice and enforceable undertaking.

June 2023
Noah Rose trading as BetDeluxe Sending marketing emails and SMS without consent, without contact details of the sender or without a functional unsubscribe facility.

Spam investigation report

$50,172 infringement notice.

February 2023

 

Outcomes for 2022

Company/individual Description Outcome of investigation Date

Telemarketing

The Wine Group 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 to call recipients upon request.

Telemarketing investigation report

Enforceable Undertaking, DNCR Act infringement notice, Telco Act infringement notice

May 2022

Investors Choice Group Pty Ltd

Making telemarketing calls without providing the company name or registered business name as soon as the call starts

Formal warning

March 2022

Spam

Investbybit Pty Ltd trading as Binance Australia Sending marketing emails without consent or without a functional unsubscribe facility
 

Spam investigation report

$2,000,220 infringement notice and enforceable undertaking

October 2022
Victorian Institute of Technology Pty Ltd Sending marketing emails without consent

Spam investigation report

Enforceable Undertaking

August 2022
Latitude Finance Australia Sending marketing emails and SMS without consent or without a functional unsubscribe facility

Spam investigation report

$1,549,560 infringement notice and enforceable undertaking

July 2022
The Wine Group Sending marketing SMS without consent  

Spam Act investigation report

Enforceable Undertaking, Spam Act infringement notice

May 2022
Sportsbet Pty Ltd Sending marketing emails and SMS without consent or without a functional unsubscribe facility $2,508,600 infringement notice and enforceable undertaking March 2022

Pineapple Funding Pty Ltd

Sending marketing SMS without consent  

Enforceable Undertaking

January 2022

 

Outcomes for 2021

Company/individual Description Outcome of investigation Date

Telemarketing

Forex EA Pty Ltd Making telemarketing calls to numbers on the Do Not Call Register without consent   Enforceable undertaking December
Marketsolve 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 Enforceable undertaking December
Information Support Australia Pty Ltd Making telemarketing calls to numbers on the Do Not Call Register without consent   $102,120 infringement notice and enforceable undertaking October 
Chase Edwards & Associates Pty Ltd Making telemarketing calls to numbers on the Do Not Call Register without consent   Formal warning May
Martin and Hunt Pty Ltd Making telemarketing calls to numbers on the Do Not Call Register without consent   Formal warning May
Kalkine Pty Limited Making telemarketing calls to numbers on the Do Not Call Register without consent $251,400 Infringement notice and enforceable undertaking May
Seek the Deal Pty Ltd Making telemarketing calls to numbers on the Do Not Call Register without consent  

Enforceable undertaking 

February

Spam

Phoenix Securities Pty Ltd Sending marketing emails without consent Enforceable undertaking and $26,640 Infringement notice December
Cigno Pty Ltd Sending marketing emails and SMS without consent Enforceable undertaking November
IPF Digital Australia Pty Ltd trading as Credit24 Sending marketing SMS without consent   Formal warning June 
Lastminuteloan.com.au Pty Ltd Sending marketing emails and SMS without consent   Formal warning May 
Kalkine Media Pty Ltd Sending marketing emails without consent $100,800 Infringement notice and enforceable undertaking May
Telco First Pty Ltd Sending marketing SMS without consent, without identifying the sender or without a functional unsubscribe facility

$79,800 infringement notice

Enforceable undertaking

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

$310,800 infringement notice 

Enforceable undertaking 

January

 

Outcomes for 2020

Company/individual Description Outcome of investigation Date

Telemarketing

National Advice Service Pty Ltd Making telemarketing calls to numbers on the Do Not Call Register without consent   Formal warning December 2020
Marketsolve Pty Ltd Making a telemarketing call to a number on the Do Not Call Register without consent Formal Warning August
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

Tyro Payments Limited Sending marketing emails and SMS without an unsubscribe facility Enforceable undertaking November
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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