The Australian Communications and Media Authority (ACMA) has instructed Tabcorp to pay AUS $4 million (equal to US$2.6 million) for breaking spam rules by sending more than 5,700 marketing messages to people in its VIP program.

ACMA completed an investigation and discovered that Tabcorp issued 2,598 SMS and WhatsApp messages to users between 1 February and 1 May 2024. Investigators pointed out that these contacts did not provide customers with a way to unsubscribe from notifications. During the same three months, the regulator counted another 3,148 messages (by SMS and WhatsApp) that lacked precise sender details. Furthermore, ACMA flagged 11 SMS messages sent without permission between 15 February and 29 April last year.

Australia’s Spam Act 2003 clearly states that businesses must obtain consent before sending marketing materials. The same law requires every message to include a working “unsubscribe” option and transparent sender information. Because Tabcorp missed these basic requirements, ACMA judged the company had broken the law. The regulator decided the case was severe enough to receive a financial penalty. This is the first time ACMA has looked at and found spam violations inside a gambling VIP program.

ACMA Criticises Tabcorp’s Behaviour

Samantha Yorke, who serves as an ACMA member, criticised Tabcorp’s actions. She described these breaches as “deeply concerning”, especially for a well-known and large betting company. In a statement, Yorke reminded the gambling sector that Australia’s spam laws cover every kind of direct marketing, whether personalised or general. She also made clear that VIPs and so-called “high-rollers” are not always the same, because VIP programs can target people who are experiencing heavy losses and may not be wealthy. Calling it unacceptable, Yorke said Tabcorp did not have proper spam compliance systems. ACMA emphasized that when someone unsubscribes from a marketing list, the process must be straightforward, and companies must respect that choice.

On top of paying the fine, Tabcorp agreed to a three-year, court-enforceable undertaking. Key points of this agreement include an independent audit of marketing methods, steps to improve those systems, quarterly checks on VIP campaigns, regular staff training, and ongoing updates for ACMA. According to Yorke, ACMA will closely monitor Tabcorp to confirm it fulfills all new commitments and fully complies with spam laws in the future.

Tabcorp Faces Multiple Fines for Gambling Rule Breaches across Australia

Tabcorp has received several punishments for rule-breaking across Australia during the last year. For example, in Victoria, the company got a record $4.6 million fine for a series of significant failures. Violations in Victoria involved sending marketing messages to individuals who had opted out of receiving these updates. The Victorian Gambling and Casino Control Commission also highlighted problems, including poor staff training and not supporting a user who showed signs of gambling harm. In another case from November 2024, Tabcorp was fined $262,920 for in-play betting violations. Reports showed Tabcorp accepted 854 in-play bets during 69 tennis matches from April to October 2023, despite strict Australian rules forbidding in-play betting for locals. Tabcorp blamed this issue on a technical glitch in its system and stated all bets were voided, so no players lost money and the company did not profit. Still, even after past warnings from ACMA, the authority handed down the penalty for in-play betting. As of now, Tabcorp has not made any public comment about the new financial penalty.