Telstra has been fined $626,000 by the Australian Communications and Media Authority (ACMA) for sending approximately 10.5 million non-compliant text messages. The investigation by ACMA revealed that Telstra sent 10,433,812 texts with improper unsubscribe arrangements over a 21-month period from 2022 to 2024.

The majority of these messages, over 10.3 million, required recipients to provide personal information to opt out, which contravenes Australian law unless consumers have explicitly agreed to such arrangements. Additionally, 43,228 texts were sent to customers of Telstra’s ‘Belong’ brand who had either not consented or had withdrawn consent to receive these messages.

Telstra self-reported the issues to ACMA and had already implemented fixes to most of the underlying causes before the investigation commenced. The ACMA’s infringement notice was the maximum penalty applicable due to the age of the matters.

ACMA member Samantha Yorke said: “The spam consent rules have been in force for over 20 years and Telstra, as a mature and established company, has no excuse for this type of non-compliance.” Yorke further emphasised the importance of consumer rights, adding, “Consumers must be able to unsubscribe without giving businesses more personal information than is required.”

In response to the infringement notice, Telstra has offered a court-enforceable undertaking to conduct an independent review and implement recommended improvements, with regular reporting to the ACMA.

Over the last 18 months, businesses have paid over $16 million in spam penalties, highlighting the ongoing issue of non-compliance with spam laws. In an effort to assist businesses in adhering to these regulations, the ACMA has released a statement of expectations regarding the use of consent in e-marketing.