Tabcorp Fined Millions for Marketing Violations

The Australian Communications and Media Authority (ACMA) has imposed a multi-million dollar fine on gambling company Tabcorp. The fine, amounting to A$4 million (€2.25 million), was issued due to violations in its marketing messages to VIP players.

The announcement of the A$4,003,270 penalty follows an extensive investigation by ACMA into Tabcorp’s advertising practices targeting its VIP players. Between February 1 and May 1, 2024, the gambling company sent 2,598 messages via SMS and WhatsApp to VIP players of its online casino without providing an option to unsubscribe.

During the same period, Tabcorp also sent over three thousand messages lacking adequate sender information. Additionally, eleven SMS messages were sent without prior consent.

These actions by Tabcorp violated the Spam Act 2003, which mandates that companies must obtain consent before sending marketing messages. Consented messages must include an option for recipients to unsubscribe and provide clear sender information.

Samantha Yorke of ACMA expressed serious concern that such a prominent online gambling provider failed to comply with these regulations. Yorke emphasized that gambling companies must understand that spam legislation applies to all targeted advertising, regardless of whether it involves general campaigns or personalized messages.

“VIPs should not be confused with gambling ‘high-rollers.’ These types of gambling VIP programs can involve customers who are not wealthy and suffer significant losses. It is completely unacceptable that TAB did not have adequate systems in place to prevent spam.”

In addition to the fine, Tabcorp has entered into a three-year commitment with ACMA to prevent a recurrence of these violations. They are also required to subject their marketing systems to review and implement necessary reforms.

Yorke indicated that ACMA will closely monitor Tabcorp’s compliance with these obligations to prevent a potential new multi-million dollar fine.



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