Tabcorp Holdings Limited, one of Australia's prominent wagering and media enterprises, has been penalized over AU$2.7 million (US$1.8 million) by the Australian Communications and Media Authority (ACMA) for breaching telemarketing and spam regulations.
ACMA announced the findings of its investigation on Wednesday, which revealed that Tabcorp violated established telemarketing rules over a 16-month duration. The inquiry spanned from February 2024 to June 2025, uncovering multiple unlawful telemarketing calls aimed at VIP customers. Among the violations were 351 calls made to numbers listed on the Do Not Call Register without obtaining prior consent, and 82 calls made outside the legally allowed timeframes. Additionally, it was noted that nearly 4,000 calls were placed where Tabcorp failed to properly identify itself or disclose the call's purpose.
The investigation was further fueled by a self-reported incident from Tabcorp in 2025, during which the company acknowledged sending over 217,000 marketing emails and SMS messages to individuals who had explicitly unsubscribed from those communication channels. The ACMA deemed the sheer volume and timing of these transmissions serious enough for enforcement action.
Under Australia’s Spam Act 2003, businesses must secure consent before sending marketing communications. The law also mandates that these messages should provide a functioning unsubscribe option and clear sender information.
Samantha Yorke, a member of the ACMA, condemned Tabcorp's behavior as "unacceptable," particularly in light of gambling advertising's inherent risks and the company's past compliance issues. Yorke stressed the importance of respecting consumer preferences, asserting, "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 recent fine follows another enforcement action from ACMA in 2025, which resulted in a penalty exceeding AU$4 million for Tabcorp's prior non-compliance related to SMS and WhatsApp marketing messages targeting VIP customers. The ACMA investigation determined that Tabcorp sent 2,598 messages without providing an unsubscribe feature between 1 February and 1 May 2024. Furthermore, 3,148 messages sent during the same timeframe did not include adequate sender information.
To address compliance failures, Tabcorp will undertake an independent review of its telemarketing practices as part of a court-enforceable undertaking alongside the financial penalty. The ACMA reported that, over the last 18 months, businesses have incurred more than AU$12 million in fines for spam and telemarketing violations. Earlier this year, Tabcorp was also fined AU$112,680 for breaching Australia’s self-exclusion rules in addition to the penalties mentioned.
