Gambling Giant Tabcorp Penalised $4 Million Over SMS, WhatsApp Spam

Tabcorp sent over 5,700 spam messages to VIPs without consent or opt-out options.

This photo taken shows a warning sign for gamblers posted at the Randwick Labor Club in Sydney, Australia, on Dec. 21, 2012. William West/AFP via Getty Images

One of Australia’s largest gambling and wagering companies Tabcorp has been hit with a $4 million fine after it was found to have sent more than 5,700 marketing messages to VIP customers in breach of Australian spam laws.

The Australian Communications and Media Authority (ACMA) said the messages, sent between February and May 2024 via SMS and WhatsApp, either lacked an unsubscribe option or failed to clearly identify the sender.

Specifically, 2,598 messages were sent without a way for recipients to opt out, while 3,148 others lacked proper sender details.

An additional 11 messages were sent without the recipients’ consent. The authority flagged the breaches as particularly serious due to the targeted nature of Tabcorp’s VIP communications.

Watchdog Demands Stricter Compliance

ACMA Member Samantha Yorke noted this is the first time a gambling operator’s VIP marketing campaign has been found in violation of the Spam Act.

“These programs frequently include highly personalised offers—bonus bets, rebates, or event tickets—to incentivise continued gambling,” she said.

Under the Spam Act 2003, businesses are legally required to obtain consent before sending promotional messages. Any such communication must also include a clear unsubscribe facility and identify who is sending the message.

Tabcorp has now entered into a three-year court-enforceable undertaking requiring it to overhaul its direct marketing practices. The agreement includes independent reviews, system upgrades, quarterly audits of VIP marketing, staff training, and regular reports to the regulator.

“The ACMA will be closely monitoring compliance,” Yorke said.

The authority has issued more than $16.9 million in penalties over the past 18 months for spam law breaches, with gambling and spam regulation flagged as top priorities.

Government Delays Broader Gambling Reform

The penalty against Tabcorp comes as federal efforts to crack down on gambling advertisements have stalled.

Almost two years after a major inquiry led by the late Labor MP Peta Murphy recommended phasing out gambling ads, the Albanese government has pushed back action until 2026.

Housing Minister Clare O’Neil said the issue is “complicated” and needs more time to resolve.

“If this was a simple problem to fix, it would’ve been fixed already,” she said earlier.

The delay has drawn sharp criticism from crossbench and opposition MPs.

Independent Senator David Pocock accused the government of dragging its feet, noting that “we’re the biggest losers in the world” when it comes to gambling losses.

Australians lose an estimated $25 billion annually—more per capita than any other country.