Tabcorp Fined $2.6 Million for Sending Illegal Marketing Messages

Tabcorp has been ordered to pay AU$4 million ($2.6 million) after an investigation by the Australian Communications and Media Authority (ACMA) found multiple breaches of spam laws linked to its VIP program.

Good to know

• Over 5,700 messages were sent without proper consent or sender information.
• Some users were unable to unsubscribe from messages.
• Tabcorp must now undergo regular audits and training under a court-enforceable undertaking.

Between February and May 2024, Tabcorp sent 2,598 marketing messages through SMS and WhatsApp to VIP members without giving recipients a clear way to opt out. ACMA also flagged another 3,148 messages during the same period that failed to include proper sender details.

In 11 other instances, marketing texts were sent without any user consent at all. All these actions violated Australia’s Spam Act 2003, which mandates consent, clear sender identity, and an unsubscribe option in all promotional communications.

ACMA described the behavior as unacceptable. Samantha Yorke from the regulator stated, “VIPs should not be confused with gambling ‘high-rollers’. These types of programmes can involve customers who are not well off and are experiencing significant losses.”

She added that all direct marketing, whether generic or targeted, must comply with the law, and Tabcorp had not shown adequate systems for spam compliance.

On top of the fine, Tabcorp has agreed to a three-year court-enforceable undertaking. The agreement includes an independent review of its marketing systems, regular audits, staff training, and mandatory reports to ACMA.

“ACMA will be watching closely to ensure TAB meets its commitments and complies with the spam laws in future,” Yorke added.

Previous rule breaches

The company has already faced penalties in other areas. In Victoria, it received a record $4.6 million fine for multiple failings, including sending materials to users who had opted out and neglecting support for those showing signs of gambling harm.

In another case, Tabcorp was fined $262,920 in November 2024 after allowing in-play bets on 69 tennis matches—something not permitted under Australian law. The company blamed a technical issue and refunded all bets, but regulators moved forward with enforcement due to past warnings.

Tabcorp has not released a statement regarding the latest penalty.

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