Tabcorp fined $2.6 million for illegal VIP marketing messages
The Australian Communications and Media Authority (ACMA) has imposed a AU$4 million (US$2.6 million) fine on gambling giant Tabcorp for serious breaches of spam laws tied to its VIP marketing operations.
An ACMA investigation revealed that Tabcorp sent more than 5,700 marketing messages via SMS and WhatsApp to customers of its VIP programme. Of these, 2,598 messages sent between February 1 and May 1, 2024, lacked a clear option to unsubscribe.
A further 3,148 messages failed to provide adequate sender information. The regulator also found that 11 messages were sent without the recipients’ consent between February and April.
Under Australia’s Spam Act 2003, companies are required to obtain consent before sending marketing messages. These messages must also include a working unsubscribe mechanism and clearly identify the sender.
ACMA ruled that Tabcorp’s actions violated national law and described the breaches as “unacceptable.” This is the first time the regulator has uncovered spam law violations linked to a gambling VIP programme.
ACMA Member Samantha Yorke condemned Tabcorp's conduct, saying the violations were particularly troubling given the company’s stature. “The gambling industry needs to understand that spam laws apply to all direct marketing – whether it’s generic campaigns or personalised messages,” Yorke said.
“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,” Yorke added. “It is utterly unacceptable that TAB did not have adequate spam compliance systems in place.”
Yorke emphasized the importance of respecting consumers' rights to unsubscribe: “When people make choices 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 penalty, Tabcorp has agreed to a three-year, court-enforceable undertaking. As part of this agreement, the company will undergo an independent review of its direct marketing systems, implement improvements, conduct quarterly audits of its VIP marketing practices, train staff, and provide regular compliance reports to ACMA.
“ACMA will be watching closely to ensure TAB meets its commitments and complies with the spam laws in the future,” Yorke added.
This latest penalty adds to a series of recent regulatory actions against the operator. In 2024, the company was fined a record AU$4.6 million in Victoria for multiple compliance failures, including sending marketing material to users who had opted out and inadequate training of staff. Regulators also flagged a failure to support a customer showing signs of gambling harm.
In another case, Tabcorp was fined AU$262,920 in November 2024 for accepting 854 in-play bets across 69 tennis matches — a practice prohibited under Australian law. The company cited a technical error and voided the bets, but ACMA imposed the fine regardless, noting prior warnings to the operator.
https://www.yogonet.com/international/news/2025/06/19/108704-tabcorp-fined-26-million-for-illegal-vip-marketing-messages