ACMA fines Tabcorp US$1.75m over telemarketing and spam breaches
The Australian regulator found thousands of compliance failures, including out-of-hours calls and marketing messages sent to unsubscribed customers.
Australia.- The Australian Communications and Media Authority (ACMA) has imposed penalties totalling more than AU$2.7m (US$1.75m) on Tabcorp Holdings Limited (TAB) for multiple breaches of spam and telemarketing laws. The regulator says the gambling operator committed a series of breaches between February 2024 and June 2025 in connection with VIP customer marketing.
An investigation found that TAB made 351 telemarketing calls to phone numbers listed on Australia’s Do Not Call Register without consent, placed 82 calls outside legally permitted hours, and made nearly 4,000 calls without adequately identifying itself or stating the purpose of the communication.
Meanwhile, the company self-reported that, during a 16-day period in 2025, it sent more than 217,000 marketing emails and SMS messages to customers who had unsubscribed from specific marketing channels.
ACMA member Samantha Yorke described the conduct as “unacceptable,” citing the heightened risks associated with gambling-related advertising. “When people join the Do Not Call Register or unsubscribe from marketing messages, they are making a clear choice,” Yorke said. “Those choices must be respected – especially given the heightened risks of financial loss and psychological harm from gambling marketing.”
“The scale and range of these breaches point to serious weaknesses in TAB’s compliance systems. The ACMA expects TAB to fix these issues, and we will be watching closely to ensure it meets its obligations,” Yorke added.
Its the second time ACMA has sanctioned TAB for spam-related breaches. In 2024, the regulator imposed a penalty exceeding AU$4m (US$2.6m) over non-compliant SMS and WhatsApp messages sent to VIP customers.
In determining the latest penalty, ACMA noted that TAB had voluntarily disclosed the email breach, that the email messages were limited to a 16-day period, and that the affected customers had opted out of receiving marketing through specific channels rather than withdrawing consent for all promotional communications.
ACMA accepted a court-enforceable undertaking requiring TAB to commission an independent review of its telemarketing systems, implement corrective measures, and submit regular compliance reports. The company remains subject to a separate enforceable undertaking stemming from the previous spam investigation.
Under Australian law, businesses must not contact numbers on the Do Not Call Register without consent, must only call during permitted hours, clearly identify themselves, and must not send marketing messages to people who have unsubscribed. ACMA said Australian businesses have paid more than AU$12m (US$7.8m) in penalties for spam and telemarketing breaches over the past 18 months. A year ago, Betfair was issued a AU$871,660 penalty.
