Tabcorp (TAB) has been issued a second penalty in just over a year by the Australian Communications and Media Authority (ACMA) in relation to spam law breaches.
The Australian regulator announced that TAB has paid over AUS$2.7m (approximately €1.7m) in penalties after multiple spam and telemarketing law breaches were discovered following an investigation.
An ACMA investigation found that between February 2024 and June 2025, TAB made ‘telemarketing calls to VIP customers that included 351 calls to numbers on the Do Not Call Register without consent, 82 calls outside permitted hours, and nearly 4,000 calls without properly identifying itself as the caller and/or the purpose of the call’.
In addition, the operator self-reported that it sent over 217,000 marketing emails and SMS over a 16-day period to customers who had unsubscribed from specific marketing channels.
“The scale and range of these breaches point to serious weaknesses in TAB’s compliance systems.”
ACMA member Samantha Yorke
Evaluating the penalty to be issued, the ACMA took into account the self-reporting, the 16-day period and the fact that the involved customers had withdrawn consent to receiving marketing via a specific channel but had not opted out of all marketing.
The operator has also been handed a court-enforceable undertaking to conduct an independent telemarketing systems review, implement improvements and provide compliance reports regularly.
It’s the second penalty in relation to spam laws that TAB has been handed by the ACMA, as the operator was handed a penalty of over $4m in June last year for non-compliant SMS and WhatsApp messages sent to VIP customers in 2024.
TAB conduct deemed ‘unacceptable’
TAB’s conduct was described as ‘unacceptable’ by ACMA member Samantha Yorke given the risks associated with gambling advertising and the operator’s compliance history.
Yorke commented: “When people join the Do Not Call Register or unsubscribe from marketing messages, they are making a clear choice. Those choices must be respected – especially given the heightened risks of financial loss and psychological harm from gambling marketing.”
“The scale and range of these breaches point to serious weaknesses in TAB’s compliance systems. The ACMA expects TAB to fix these issues, and we will be watching closely to ensure it meets its obligations.”
VIP spam
In June last year, TAB was handed a penalty of over $4m for non-compliant SMS and WhatsApp messages sent to VIP customers in 2024.
Between 1 February 2024 and 1 May 2024, an investigation found that TAB sent 2,538 SMS and WhatsApp messages to VIP customers without providing them with the ability to unsubscribe.
The operator also sent 3,148 SMS and WhatsApp messages that lacked adequate sender information during the same period, and 11 SMS messages were sent without consent between 15 February and 29 April 2024.
TAB also entered into a three-year court-enforceable undertaking, which involves an independent review of its direct marketing systems, making improvements, quarterly audits of its VIP direct marketing, training staff and regular reports to the ACMA.
At the time, Yorke said: “The gambling industry needs to understand that spam laws apply to all direct marketing—whether it’s generic campaigns or personalised messages.
“VIPs should not be confused with gambling ‘high-rollers’. These types of gambling VIP programs can involve customers who are not well off and are experiencing significant losses.
“It is utterly unacceptable that TAB did not have adequate spam compliance systems in place.”
