On 17 June 2025, the Australian Competition and Consumer Commission (ACCC) launched a formal review into unsolicited selling and lead generation practices, following a designated complaint lodged by the Consumer Action Law Centre (CALC).
The ACCC is required to publicly respond within 90 days, outlining any action it intends to take.
What is Unsolicited Selling and Lead Generation?
Unsolicited selling occurs when consumers are approached without prior invitation to buy a product or service, commonly through cold calls, door-to-door sales, and other uninvited approaches to consumers.
While existing restrictions under the Australian Consumer Law (ACL) have applied since 2011, including mandatory disclosures, cooling-off periods, and restrictions on contact hours, the ACCC review will assess whether the current legal framework adequately protects consumers, especially those experiencing vulnerability or disadvantage.
The ACCC’s review will focus on industries where unsolicited selling and lead generation practices have historically led to consumer harm or regulatory action. These include:
- Energy and utilities: The ACCC has previously taken enforcement action against energy retailers for door-to-door sales practices and is likely to revisit this sector, particularly where government rebates or switching incentives are involved.
- Vocational training and education providers: Following litigation involving VET FEE-HELP enrolments, the ACCC is examining whether high-pressure sales tactics and lead generation continue to affect vulnerable consumers in this space.
- Telecommunications: The review will consider whether telemarketing and digital lead generation practices in this sector comply with ACL requirements, especially where commission-based sales models are used.
- Solar and home improvement services: Businesses leveraging government subsidies (e.g. rooftop solar rebates) may be scrutinised for misleading or aggressive sales tactics that undermine consumer trust and policy objectives.
- Buy now pay later (BNPL) and consumer finance: The ACCC is assessing whether BNPL arrangements are facilitating unaffordable purchases through unsolicited sales, and whether recent reforms adequately protect financially vulnerable consumers.
What is the designated complaints framework?
This is the first complaint received under the ACCC’s designated complaints framework, which commenced on 1 May 2024. The framework allows select consumer and small business organisations to raise systemic market issues directly with the ACCC.
Under the framework, the CALC, the Australian Consumers’ Association, and the Council of Small Business Organisations Australia are each permitted to submit one formal complaint per year. These complaints must relate to a potential breach of the Competition and Consumer Act 2010 (Cth) or fall within the ACCC’s regulatory remit.
ACCC Review
The ACCC's review will examine:
- Consumer experiences with unsolicited selling, including how different sales channels affect outcomes and whether certain consumer groups are disproportionately impacted
- Sales structures and incentive models, with a focus on commission-based remuneration and its potential to drive non-compliant or high-pressure sales tactics
- The role of lead generation and digital advertising, particularly how consumer data is collected and used, and whether current laws adequately regulate these practices
- Potential gaps in the Australian Consumer Law, including whether the unsolicited consumer agreement provisions sufficiently address emerging sales methods and technologies
Have your say
The ACCC has opened a public consultation process and is inviting submissions from businesses, industry associations, government bodies, consumer groups, and individuals. Feedback on the benefits and drawbacks of unsolicited selling and lead generation is due by 31 July 2025.
You can read more about the ACCC’s review here.
What should businesses do now?
With the ACCC’s increased focus on consumer protection and sales practices, businesses should take this opportunity to review their marketing, lead generation, and sales strategies to ensure compliance with the ACL, including with a view to additional regulation in the future.
If you have questions about how this review may affect your business, or if you would like support reviewing your practices, please contact Rohan Harris at rharris@rk.com.au or Jacqueline Vuong at jvuong@rk.com.au.