Tabcorp fined AU$2.7m for telemarketing and spam breaches

Tabcorp Fined AU$2.7 Million by ACMA for Telemarketing and Spam Law Breaches – Enforcement Highlights Compliance Risks in Gambling Marketing

Key Takeaways

• Tabcorp must pay more than AU$2.7 million in penalties for breaching Australian telemarketing and spam laws.
• The regulator identified 351 calls to numbers on the Do Not Call Register and nearly 4,000 calls lacking proper identification.
• More than 217,000 marketing messages were sent within 16 days to customers who had withdrawn consent from specific channels.
• Tabcorp has agreed to a court-enforceable undertaking requiring an independent review of its telemarketing systems.
• The penalty follows earlier enforcement action in 2025 over non-compliant SMS and WhatsApp marketing messages.

ACMA Investigation Found Multiple Telemarketing and Spam Violations

The Australian Communications and Media Authority has imposed penalties totalling more than AU$2.7 million on Tabcorp Holdings Limited, one of Australia’s largest wagering and media companies. According to ACMA, the company breached telemarketing and spam regulations over a 16-month period.

The regulator’s investigation covered February 2024 to June 2025. During that time, Tabcorp made unlawful telemarketing calls targeting VIP customers. ACMA identified 351 calls placed to phone numbers listed on the Do Not Call Register without prior consent. The authority also found 82 calls were made outside legally permitted calling hours.

In addition, nearly 4,000 calls failed to properly identify the caller or clearly state the purpose of the contact. These elements are required under Australia’s telemarketing rules.

The investigation intensified after Tabcorp self-reported a breach in 2025. The company disclosed that it had sent more than 217,000 marketing emails and SMS messages within a 16-day period to customers who had withdrawn consent from specific marketing channels. ACMA considered both the volume and the concentrated timing of the messages significant in its enforcement decision.

Under Australia’s Spam Act 2003, businesses must obtain consent before sending marketing messages. They must also provide accurate sender information and include a functional unsubscribe option in each message.

Regulator Cites Consumer Protection and Gambling Risk Concerns

ACMA member Samantha Yorke described Tabcorp’s conduct as unacceptable. She stressed that when consumers register on the Do Not Call Register or unsubscribe from marketing communications, they are making a clear decision that must be respected.

Yorke highlighted that this obligation carries particular weight in the gambling sector, where marketing may be linked to financial loss and psychological harm. The authority’s statement underlined that compliance failures in this area are treated seriously, especially when they involve customers who have taken active steps to limit contact.

The regulator noted that Tabcorp’s previous compliance history was relevant in assessing the matter.

Previous 2025 Fine for Non-Compliant SMS and WhatsApp Messages

The latest penalty follows earlier enforcement action taken against Tabcorp in 2025. In that case, the company was fined more than AU$4 million for sending non-compliant SMS and WhatsApp marketing messages to VIP customers.

An ACMA investigation found that between 1 February and 1 May 2024, Tabcorp sent 2,598 SMS and WhatsApp messages without providing customers with an option to unsubscribe. During the same period, a further 3,148 messages across SMS and WhatsApp channels did not contain adequate sender information.

ACMA also identified 11 SMS messages sent without consent between 15 February and 29 April 2024.

Earlier this year, the regulator separately penalised Tabcorp AU$112,680 for breaching Australia’s self-exclusion rules. That enforcement action also involved a court-enforceable undertaking.

Court-Enforceable Undertaking and Independent Review Required

In determining the most recent AU$2.7 million penalty, ACMA took into account that Tabcorp voluntarily self-reported the 2025 breach. The regulator also acknowledged that the unsolicited messages were sent within a relatively short 16-day window and only to customers who had withdrawn consent from specific marketing channels rather than opting out of all marketing communications.

Alongside the financial penalty, Tabcorp has agreed to a court-enforceable undertaking. This requires the company to commission an independent review of its telemarketing systems and to implement remedial measures to address identified compliance gaps.

ACMA reported that, across all industries, businesses have paid more than AU$12 million in penalties for spam and telemarketing violations over the past 18 months. The authority’s action against Tabcorp forms part of this broader enforcement trend.

Implications for Gambling Operators and Marketing Practices

The enforcement action underlines the regulatory scrutiny applied to marketing practices in the Australian gambling sector. Telemarketing calls, SMS campaigns and messaging via platforms such as WhatsApp fall within the scope of both the Spam Act 2003 and telemarketing rules when used for promotional purposes.

For operators, the case demonstrates that breaches may arise not only from contacting individuals without consent but also from failing to provide required identification details or unsubscribe mechanisms. It also shows that high-volume campaigns sent within short timeframes can attract regulatory attention, particularly where recipients have previously withdrawn consent.

For customers, the decision reinforces the role of the Do Not Call Register and unsubscribe mechanisms as legally protected tools. Regulators have made clear that opting out must result in the cessation of marketing contact in the relevant channel.

Our Assessment

ACMA’s AU$2.7 million penalty against Tabcorp, combined with earlier multi-million dollar fines and additional enforcement related to self-exclusion breaches, reflects sustained regulatory action over marketing and consumer protection compliance in Australia’s gambling sector. The case documents specific failures in consent management, caller identification and unsubscribe processes, and it results in both a substantial financial penalty and mandatory independent review of internal systems.