Tabcorp has been penalised $4,003,270 after the Australian Communications and Media Authority found the wagering giant sent more than 5,700 marketing messages to VIP customers in breach of spam laws.
An ACMA investigation found that between 1 February and 1 May 2024, TAB sent 2,598 SMS and WhatsApp messages to VIP program customers without an unsubscribe facility. Over the same period, a further 3,148 messages lacked adequate sender information, and 11 SMS messages were sent without consent between 15 February and 29 April 2024.
Authority Member Samantha Yorke said the breaches were especially concerning given they involved a large, established gambling operator targeting VIPs. “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,” Ms Yorke said.
“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,” Ms Yorke said.
“It is utterly unacceptable that TAB did not have adequate spam compliance systems in place.”
Under the Spam Act 2003, businesses must have consent before sending marketing messages, and any message sent with consent must include a working unsubscribe option and clear sender information. “When people make choices to unsubscribe from a service they must be able to do so easily and their decisions must be respected by companies,” Ms Yorke said.
As part of the enforcement action, TAB has entered into a three-year court-enforceable undertaking. The commitments include an independent review of its direct marketing systems, implementing improvements, quarterly audits of VIP direct marketing, staff training, and regular reporting to ACMA. “The ACMA will be watching closely to ensure TAB meets its commitments and complies with the spam laws in future,” Ms Yorke said.
ACMA listed gambling safeguards and spam compliance as current priorities and said businesses had been penalised more than $16.9 million for spam breaches over the past 18 months. It has also issued a statement of expectations to guide businesses on using consent appropriately in e-marketing. Consumers can report spam or find tips on reducing unwanted messages via the ACMA website.
