An investigation found that TAB made 351 telemarketing calls to phone numbers listed on Australia’s Do Not Call Register<\/strong> 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.<\/p>\n\n\n\n Meanwhile, the company self-reported that, during a 16-day period in 2025, it sent more than 217,000 marketing emails and SMS messages<\/strong> to customers who had unsubscribed from specific marketing channels.<\/p>\n\n\n\n ACMA member Samantha Yorke<\/strong> described the conduct as \u201cunacceptable,\u201d citing the heightened risks associated with gambling-related advertising. \u201cWhen people join the Do Not Call Register or unsubscribe from marketing messages, they are making a clear choice,\u201d Yorke said. \u201cThose choices must be respected \u2013 especially given the heightened risks of financial loss and psychological harm from gambling marketing.\u201d<\/p>\n\n\n\n \u201cThe scale and range of these breaches point to serious weaknesses in TAB\u2019s compliance systems. The ACMA expects TAB to fix these issues, and we will be watching closely to ensure it meets its obligations,\u201d Yorke added.<\/p>\n\n\n\n Its the second time ACMA has sanctioned TAB for spam-related breaches<\/strong>. In 2024, the regulator imposed a penalty exceeding AU$4m (US$2.6m) over non-compliant SMS and WhatsApp messages sent to VIP customers.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n ACMA accepted a court-enforceable undertaking requiring TAB to commission an independent review<\/strong> 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.<\/p>\n\n\n\n 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<\/strong> for spam and telemarketing breaches over the past 18 months. A year ago, Betfair was issued a AU$871,660\u00a0penalty<\/a>.<\/p>\n\n\n\n
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