Tabcorp fined $4M for spamming VIPs with unlawful marketing messages

Tabcorp Holdings Limited has been fined over AUD 4 million after the Australian Communications and Media Authority (ACMA) found it broke national spam laws by sending thousands of marketing messages to its VIP customers without following the rules.

The investigation showed that Australia’s largest gambling company sent 5,757 commercial electronic messages to members of its “TAB X” VIP program between February and May 2024, all in violation of the Spam Act 2003.

ACMA’s final report said Tabcorp committed 11 breaches for sending messages without getting consent, 3,148 breaches for not including correct sender or contact details, and 2,598 breaches for failing to provide a working unsubscribe option.

Under the Spam Act 2003, businesses are required to get consent before sending any marketing messages. Even when they do have consent, the messages must include a functional unsubscribe option and clearly identify who the message is from. As a result, Tabcorp was fined AUD 4,003,270 ($2,613,534) by authorities.

TAB has been penalised $4,003,270 for sending over 5,700 marketing messages that breached Australia’s spam laws.

Under the Spam Act 2003, businesses must have your consent before sending you marketing messages.