After the Victorian Gambling and Casino Control Commission's investigation, Tabcorp has been fined $4.6 million as a result of obligatory violations.Being Australia's...
Tabcorp Fined AU$4M for Illegal VIP Marketing Messages
Tabcorp has been fined AU$ 4 million (US$ 2.6 million) by the Australian Communications and Media Authority (ACMA) for serious violations of national spam laws related to its VIP customer marketing.
An ACMA investigation found that between February and May 2024, more than 5,700 SMS and WhatsApp messages were sent to VIP customers, many of which breached key consumer protection requirements under the Spam Act 2003. Of these,2,598 messages lacked a clear option to unsubscribe. A further 3,148 messages failed to provide acceptable sender information. The regulator also found that 11 messages were sent without the recipients’ consent.
Australia’s Spam Act 2003 clearly states that companies are required to obtain consent before sending marketing messages. These messages must also include a working unsubscribe mechanism and identify the sender.
ACMA Member Samantha Yorke stated:
“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 programmes 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.”
She further stressed the importance of consumer rights, adding that when people choose to unsubscribe from a service, they must be able to do so easily, and their decisions must be respected by companies.
In addition to the financial penalty, Tabcorp has entered a three-year, court-enforceable undertaking, which includes:
- An independent review of its direct marketing systems.
- Quarterly audits of its VIP communications.
- Staff training on compliance.
- Regular reporting to the ACMA.
Samantha Yorke added:
“ACMA will be watching closely to ensure TAB meets its commitments and complies with the spam laws in the future.”
This fine follows a string of regulatory actions against Tabcorp in the past year. Tabcorp received a AU$ 4.6 million fine in Victoria for sending marketing to self-excluded users and other compliance failures. In another case, Tabcorp received an AU$ 262,920 fine for illegally accepting in-play bets on 69 tennis matches in 2024, despite prior warnings.
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