Tabcorp fined US$2.6m for breaching Australian spam law
The Australian Communications and Media Authority said the violations were concerning.
Australia.- Tabcorp has been fined AU$4m (US$2.6m) after an investigation by the Australian Communications and Media Authority (ACMA) found that more than 5,700 marketing messages sent to customers on its VIP programme broke the law.
An ACMA investigation found that TAB sent 2,598 SMS and WhatsApp messages to VIP customers between February 1 and May 1 2024 without providing an option to unsubscribe from the messages. It also found that 3,148 SMS and WhatsApp messages did not contain adequate sender information and 11 SMS messages were sent without consent between February 15 and April 29 2024.
Samantha Yorke, from ACMA, said: “This is the first time the ACMA has investigated and found spam breaches in a gambling VIP program. These programs often involve personalised messages offering incentives such as bonus bets, deposit matching, rebates and offers of tickets to sporting and other events.
“The gambling industry needs to understand that spam laws apply to all direct marketing—whether it’s generic campaigns or personalised messages. VIPs should not be confused with gambling ‘high-rollers’. These types of gambling VIP programs can involve customers who are not well off and are experiencing significant losses.”
Under the Spam Act 2003, businesses must receive consent before sending marketing messages, which must contain a working unsubscribe option and information about the sender.
TAB has entered into a 3-year court-enforceable undertaking. This includes an independent review of its direct marketing systems and quarterly audits of its VIP direct marketing.
