Tabcorp Holdings Limited, a major player in Australia’s wagering and media landscape, has been fined over AU$2.7 million (approximately US$1.8 million) by the Australian Communications and Media Authority (ACMA).
This penalty stems from violations of telemarketing and spam regulations that occurred over a 16-month period. ACMA's statement on Wednesday outlined that Tabcorp engaged in multiple unlawful telemarketing activities aimed at its VIP clientele from February 2024 to June 2025. The inquiry uncovered significant breaches, including 351 calls made to phone numbers listed on the Do Not Call Register without appropriate consent. Moreover, 82 of these calls were made outside of the allowed hours, and nearly 4,000 calls failed to properly identify Tabcorp or clarify the purpose of the communications.
The investigation gained momentum after Tabcorp self-reported a violation in 2025. The company acknowledged sending over 217,000 marketing emails and SMS messages within a 16-day span to customers who had clearly opted out of such communications. The scale and timing of these messages prompted further enforcement actions from ACMA.
Under Australia’s Spam Act 2003, businesses are prohibited from sending marketing messages without prior consent and must provide an option for recipients to unsubscribe along with their identification.
Samantha Yorke, an ACMA member, described Tabcorp's conduct as "unacceptable," particularly considering the inherent risks associated with gambling advertising and the company's previous compliance history. She reiterated the necessity of respecting consumer choices, stating, "When people join the Do Not Call register or unsubscribe from marketing messages, they are making a clear choice. Those choices must be respected – especially given the heightened risks of financial loss and psychological harm from gambling marketing."
This latest penalty adds to a history of compliance issues for Tabcorp. A previous enforcement action in 2025 resulted in fines exceeding AU$4 million for sending non-compliant marketing messages via SMS and WhatsApp to VIP customers. ACMA’s findings revealed that between February 1 and May 1, 2024, Tabcorp distributed 2,598 unsolicited messages without providing unsubscribe options.
ACMA noted additional violations where 3,148 messages lacked adequate sender information, while 11 messages were sent without prior consent. In determining the latest penalty, ACMA considered Tabcorp’s voluntary self-reporting and the fact that unsolicited messages were directed solely to users who had revoked consent for specific marketing channels.
In addition to the financial penalty, Tabcorp has agreed to undertake a court-enforceable commitment to conduct an independent review of its telemarketing procedures and implement corrective measures to fill compliance gaps.
Over the past 18 months, ACMA has reported that businesses across the board have collectively faced penalties exceeding AU$12 million for spam and telemarketing violations. Earlier in the year, ACMA also penalized Tabcorp AU$112,680 for breaching the country’s self-exclusion rules, accompanied by another court-enforceable undertaking.
