SpinTel pays $653,400 penalty over 32,000 spam emails to ex-customers

SpinTel has paid $653,400 in penalties following an ACMA investigation into more than 32,000 commercial emails sent without consent. According to the regulator, the emails were sent from July to September 2025, inviting people who had left the telco to come back and promoting its NBN and mobile plans.

SpinTel argued that it could reasonably infer consent because the recipients had once been its customers. The ACMA pointed out that some of the people contacted had cut ties with the company as much as 13 years before.

ACMA member Samantha Yorke said an earlier business relationship does not by itself amount to consent for marketing. Yorke said the consumers in this case "had left SpinTel and it was clear the relationship had ended". She said whether consent can be inferred turns on the circumstances, including the nature of the relationship, how relevant the messages are to it and what the recipient would reasonably expect.

The investigation also found five messages that went out more than five business days after the recipients had unsubscribed.

The ACMA has also accepted a court enforceable undertaking running for three years. It requires SpinTel to engage an independent consultant to review its compliance with spam laws, and to conduct regular audits and report to the regulator.

Yorke said the ACMA generally prefers that businesses rely on express consent, agreed in advance under clear terms that state how long it lasts. The ACMA has put guidance on its website for businesses trying to follow the spam rules. It said spam penalties paid by businesses over the past 18 months exceed $11 million.