Tabcorp Holdings Limited, a major player in Australia's wagering and media sector, has been fined over AU$2.7 million (approximately US$1.8 million) by the Australian Communications and Media Authority (ACMA) due to breaches of telemarketing and spam regulations.
ACMA announced the fine on Wednesday, detailing that the violations occurred over a 16-month span from February 2024 to June 2025. During this time, Tabcorp made numerous illegal telemarketing calls targeting its VIP customers. The investigation uncovered significant infractions, including 351 calls made to numbers listed on the Do Not Call Register without obtaining the necessary consent.
Additionally, the regulator highlighted that 82 calls were placed outside of the legally allowed calling hours, and nearly 4,000 calls were made without Tabcorp properly identifying itself or explaining the purpose of the call.
The inquiry was prompted in part by a self-reported violation by Tabcorp in 2025, where the company disclosed it had sent more than 217,000 marketing emails and SMS messages over a 16-day period to customers who had specifically opted out of those communications. The ACMA deemed the volume and timing of these communications severe enough to necessitate enforcement action.
According to Australia’s Spam Act 2003, businesses must secure consent before sending marketing messages, which also need to include a functional unsubscribe option and sender information.
Samantha Yorke, an ACMA member, characterized Tabcorp's actions as "unacceptable," especially considering the inherent risks associated with gambling advertising and the company’s previous compliance history. Yorke stressed 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 fine follows a previous enforcement action against Tabcorp in 2025, related to a 2005 violation that resulted in a fine exceeding AU$4 million for sending non-compliant SMS and WhatsApp marketing messages to its VIP clientele. In that case, an ACMA investigation revealed that 2,598 messages were sent without an unsubscribe option during a specific timeframe.
The ACMA indicated that 3,148 messages sent during the same period were lacking adequate sender information, and 11 SMS messages were dispatched without consent.
While determining the recent penalty, ACMA acknowledged Tabcorp's voluntary self-reporting and considered that unsolicited messages were sent in a short burst of 16 days, primarily to customers who had withdrawn consent only for specific marketing channels, not all communications.
Along with the financial penalty, Tabcorp has committed to a court-enforceable agreement that mandates an independent review of its telemarketing practices and the implementation of corrective measures to fill compliance gaps.
In the broader context, ACMA reported that over the past 18 months, businesses in the industry collectively faced penalties exceeding AU$12 million related to spam and telemarketing violations. Earlier this year, ACMA also penalized Tabcorp AU$112,680 for not adhering to the country's self-exclusion regulations, coupled with a court-enforceable undertaking.
