Tabcorp Holdings Limited (TAB) has been fined $4,003,270 for sending over 5,700 unlawful marketing messages to VIP customers, violating Australia’s spam regulations.
An Australian Communications and Media Authority (ACMA) investigation found that between February 1 and May 1, 2024, TAB sent:
- 2,598 SMS and WhatsApp messages without an unsubscribe option.
- 3,148 messages lacking adequate sender information.
- 11 SMS messages sent without consent between February 15 and April 29, 2024.
ACMA’s Response
Authority Member Samantha Yorke called the violations deeply concerning, highlighting TAB’s failure to comply with established spam laws, particularly in VIP gambling programs.
“This is the first time the ACMA has investigated and found spam breaches in a gambling VIP program,” Yorke said. “These programs often feature personalized promotions such as bonus bets, deposit matching, rebates, and event tickets.”
Yorke emphasized that VIP gambling programs are not exclusive to high-rollers, but can include financially vulnerable individuals facing significant losses.
Regulatory Action
Under the Spam Act 2003, businesses must:
✔ Obtain consent before sending marketing messages.
✔ Provide a working unsubscribe option.
✔ Include clear sender information.
TAB has agreed to a 3-year court-enforceable undertaking, which includes:
🔹 An independent review of its direct marketing systems.
🔹 Implementation of improved compliance measures.
🔹 Quarterly audits of its VIP direct marketing.
🔹 Staff training on spam regulations.
🔹 Regular reports to the ACMA.
“The ACMA will be monitoring TAB closely to ensure it adheres to its commitments and complies with spam laws,” Yorke stated.
Broader Industry Crackdown
The ACMA continues prioritizing gambling safeguards and spam enforcement. Over the last 18 months, businesses have been fined $16.9 million for spam violations.
