TAB Fined AU$2.7 Million for Spam Breaches by ACMA
TAB Pays AU$2.7 Million Penalty to ACMA – Second Spam Law Breach Within a Year
Key Takeaways
- Tabcorp has paid more than AU$2.7 million in penalties to the Australian Communications and Media Authority for spam and telemarketing breaches.
- The regulator found 351 calls to numbers on the Do Not Call Register and nearly 4,000 calls without proper identification.
- TAB self reported sending more than 217,000 marketing messages to customers who had withdrawn consent from specific channels.
- This is the second penalty issued to TAB in just over a year for breaches of Australia’s spam laws.
ACMA Investigation Identifies Telemarketing and Spam Breaches
The Australian Communications and Media Authority has issued a financial penalty of more than AU$2.7 million to Tabcorp, trading as TAB, following an investigation into breaches of spam and telemarketing laws. The regulator announced the outcome after examining TAB’s marketing practices between February 2024 and June 2025.
According to the findings, TAB made telemarketing calls to VIP customers that breached multiple legal requirements. The investigation identified 351 calls made to phone numbers listed on the Do Not Call Register without the required consent. In addition, 82 calls were placed outside permitted calling hours.
The regulator also found that nearly 4,000 calls were made without TAB properly identifying itself as the caller or clearly stating the purpose of the call. Identification requirements are a core element of Australian telemarketing rules, designed to ensure transparency for recipients.
Beyond phone calls, TAB self reported that over a 16 day period it sent more than 217,000 marketing emails and SMS messages to customers who had withdrawn consent from specific marketing channels. While the affected customers had not opted out of all marketing communications, they had unsubscribed from particular channels, which still requires compliance with consent rules.
Regulator Cites Serious Compliance Weaknesses
In assessing the penalty, the ACMA took into account several factors. These included TAB’s self reporting of the 217,000 marketing messages, the limited 16 day period during which those messages were sent, and the fact that customers had withdrawn consent from specific channels rather than from all marketing.
ACMA member Samantha Yorke described the conduct as unacceptable, particularly in the context of gambling advertising. She stated that when individuals join the Do Not Call Register or unsubscribe from marketing messages, they are making a clear choice that must be respected.
Yorke also said that the scale and range of the breaches pointed to serious weaknesses in TAB’s compliance systems. The regulator expects the operator to address these issues and has indicated it will monitor TAB’s actions to ensure future compliance.
Court Enforceable Undertaking and Independent Review
In addition to the financial penalty, TAB has entered into a court enforceable undertaking with the ACMA. Under this undertaking, the company must commission an independent review of its telemarketing systems and implement improvements based on the findings.
TAB is also required to provide regular compliance reports to the regulator. These measures are intended to strengthen internal controls and ensure that marketing communications meet the standards set by Australian spam and telemarketing legislation.
Court enforceable undertakings are formal regulatory tools that allow authorities to require specific remedial actions beyond financial penalties. In this case, the focus is on structural improvements to TAB’s direct marketing systems.
Second Penalty Following 2024 VIP Messaging Breaches
This latest sanction marks the second time in just over a year that TAB has been penalised for breaches of spam laws.
In June 2025, the ACMA imposed a penalty of more than AU$4 million on the operator for non compliant SMS and WhatsApp messages sent to VIP customers in 2024. That earlier investigation found that between 1 February 2024 and 1 May 2024, TAB sent 2,538 SMS and WhatsApp messages to VIP customers without providing a functional unsubscribe option.
During the same period, the company also sent 3,148 SMS and WhatsApp messages that lacked adequate sender information. In addition, 11 SMS messages were sent without consent between 15 February and 29 April 2024.
Following that earlier case, TAB entered into a three year court enforceable undertaking. The commitments included an independent review of its direct marketing systems, implementation of improvements, quarterly audits of its VIP direct marketing activities, staff training, and regular reporting to the ACMA.
At the time, the regulator emphasised that spam laws apply to all forms of direct marketing, whether generic campaigns or personalised communications. The ACMA also clarified that gambling VIP programs can involve customers who are not high net worth individuals and may be experiencing significant losses.
Implications for Gambling Marketing Compliance
The repeated enforcement action highlights the regulatory focus on direct marketing practices in the gambling sector. The ACMA has stressed that consent, identification, and adherence to contact hour restrictions are mandatory elements of Australia’s spam and telemarketing framework.
For operators, particularly those targeting VIP customers, the case underlines the importance of maintaining accurate consent records, implementing effective unsubscribe mechanisms, and ensuring that outbound communications comply with all formal requirements.
The regulator has made clear that it will continue to monitor TAB’s compliance following both penalties and the associated undertakings.
Our Assessment
TAB has paid more than AU$2.7 million after an ACMA investigation identified breaches involving telemarketing calls and marketing messages sent without proper consent or identification. The case follows a separate AU$4 million penalty issued in 2025 for similar VIP messaging violations. Together, the actions show sustained regulatory scrutiny of direct marketing practices in the Australian gambling sector and require TAB to implement independent system reviews and ongoing compliance reporting.
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