Australia’s largest betting company, Tabcorp, has been fined over $4 million for violating spam laws by sending thousands of unlawful marketing messages to VIP program customers.
The Australian Communications and Media Authority (ACMA) found that Tabcorp sent more than 5,700 marketing messages without complying with legal requirements between February 1 and May 1, 2024. Nearly 3,000 SMS and WhatsApp messages lacked an unsubscribe option, and 3,148 messages did not include proper sender identification. Additionally, 11 SMS messages were sent without consent during this period.
Under the Spam Act 2003, companies must obtain consent before sending marketing messages and must include clear unsubscribe options and sender details in messages sent with consent.
The ACMA highlighted that gambling marketing often involves personalized messages with incentives like bonus bets and event tickets.
“This is the first time the ACMA has investigated and found spam breaches in a gambling VIP program,” said ACMA member Samantha Yorke. “It is utterly unacceptable that Tabcorp lacked adequate spam compliance systems. The gambling industry must recognize that all direct marketing, including personalized messages, falls under spam laws.”
Tabcorp’s VIP program customers vary in profile and can include individuals experiencing losses or financial difficulties.
The $4,003,270 penalty is among the ACMA’s largest spam-related fines. The fine has been paid and will be recorded in Tabcorp’s 2024 financial statements.
Over the past 18 months, ACMA has issued more than $16.9 million in penalties for spam violations.
Tabcorp stated it is improving its compliance under new leadership, cooperating with ACMA, and has committed to a three-year court-enforceable undertaking. This includes independent reviews, system improvements, quarterly audits of VIP marketing, staff training, and regular reporting to ACMA.
The ACMA will monitor Tabcorp’s adherence to these commitments closely.
Last year, Tabcorp was fined $4.6 million by the Victorian Gambling and Casino Control Commission for inadequate staff training on responsible gambling and sending marketing to a customer who had opted out.