ACCC Launches Review into Unsolicited Selling and Lead Generation Practices: What It Means for Australian Businesses

Published: 23 June 2025

Source: ACCC Media Release – 17 June 2025

The Australian Competition and Consumer Commission (ACCC) has launched a formal review into unsolicited selling and lead generation practices in Australia, following a designated complaint by the Consumer Action Law Centre (CALC).

This marks the first review triggered under the new designated complaints framework, which empowers consumer organisations to elevate systemic concerns directly to the ACCC for mandatory consideration.

At Bane Legal Services, we help Australian businesses navigate complex regulatory landscapes by connecting them with trusted commercial and consumer lawyers. We’re not a law firm — but we are your legal matchmaking partner, with more than 30 years of experience in the business world.

If your business engages in cold calling, door-to-door sales, or uses social media to generate leads, this review is one to watch closely.

What Is Unsolicited Selling — and Why Is It Under Review?

Unsolicited selling occurs when a business contacts a consumer without invitation to offer goods or services — typically via door-to-door sales, cold calling, or intercepting consumers in public spaces.

This type of marketing is often supported by lead generation techniques, such as online forms, third-party referrals, and social media advertising campaigns.

While these methods can be effective, the ACCC notes that they can also cause significant financial harm, especially for consumers who are vulnerable, elderly, or experiencing disadvantage.

According to ACCC Deputy Chair Catriona Lowe:

“Gaining a better understanding of these practices will help determine if further action is needed to better protect consumers.”

Key Areas the ACCC Will Examine

The review will investigate a range of issues raised in CALC’s complaint, including:

• The consumer experience of unsolicited selling

• Sales structures and incentives, including commission-based pay

• The role of social media and other platforms in generating leads

• Potential issues with Australian Consumer Law, including how unsolicited consumer agreement provisions are applied

The ACCC is particularly interested in understanding how these practices impact different demographics and whether further enforcement or reform is required.

What Should Businesses Be Doing Right Now?

If your business uses telemarketing, face-to-face sales, or lead generation funnels, now is a good time to:

• Review your sales scripts, onboarding funnels, and advertising

• Ensure that all unsolicited consumer agreements comply with the Australian Consumer Law (ACL)

• Examine your lead sourcing practices to confirm compliance with privacy and consumer consent requirements

• Evaluate the transparency of your marketing claims and disclosures

• Consider the potential risks of engaging vulnerable or disadvantaged consumers

While the ACCC’s review is ongoing, it has made clear that it will continue to investigate individual businesses that may be in breach of consumer law — particularly where unsolicited sales tactics have been used deceptively or aggressively.

Consultation Now Open — Stakeholders Encouraged to Submit Feedback

The ACCC has published a consultation paper and is seeking feedback from:

• Businesses that use unsolicited selling or lead generation

• Industry bodies and sales professionals

• Government and community organisations

• Consumer advocacy groups

• The general public

Submissions close 31 July 2025.

This is a critical opportunity for ethical businesses to contribute insights and advocate for clear, fair regulations in the direct sales and lead generation space.

Why This Matters for Franchisors, Retailers, and Service Providers

For many Australian businesses — including franchises and health service providers — unsolicited marketing and referral-based lead generation are everyday tools. But when used improperly, they can expose businesses to regulatory action, reputational harm, and even class action risk.

The designated complaint framework itself is new. Under changes to the Competition and Consumer Act 2010, groups like CHOICE, CALC, and COSBOA can now escalate serious or systemic concerns directly to the ACCC, and the regulator must respond publicly within 90 days.

This signals a more structured and transparent consumer advocacy process, and businesses should expect greater scrutiny of both marketing practices and compliance culture moving forward.

Stay Ahead of the Curve — Talk to a Commercial Lawyer

At Bane Legal Services, we connect businesses with specialist lawyers who understand the intricacies of consumer protection law, telemarketing compliance, privacy, and franchise operations.

We’re not a law firm, and we don’t provide legal advice — but we can put you in touch with someone who does.

Need help assessing your lead generation strategy for compliance risks?

Let’s chat — your first consultation with Bane Legal Services is free.

Disclaimer: This blog is based on the ACCC’s public media release on 17 June 2025. Bane Legal Services is not a law firm and does not provide legal advice. We assist businesses in finding the right legal experts for their needs.