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Australia’s top gambling operator, Tabcorp, has been hit with a AU$4 million (US$2.6 million) penalty for sending marketing messages without consent, violating national spam laws and drawing major regulatory heat.
This is the first enforcement action tied to VIP marketing spam in the country’s gambling industry — and it’s a wake-up call for the entire sector.
What Went Wrong?
Between February and May 2024, Tabcorp sent over 5,700 VIP marketing messages through SMS and WhatsApp. Investigators found:
- 2,598 messages lacked a proper unsubscribe function
- 3,148 messages didn’t identify the sender
- 11 messages were sent without consent at all
Under Australia’s Spam Act 2003, this is a serious violation. All marketing messages must be permission-based, provide clear opt-out options, and name the sender.
“This is not acceptable for a company of Tabcorp’s size,” said Samantha Yorke of ACMA.
VIP ≠ High-Roller
ACMA emphasized that VIP marketing in gambling is not just about wealthy players. Many so-called VIPs are everyday individuals experiencing financial hardship.
“These programmes can involve people who are not well off and are experiencing significant losses,” said Yorke.
She added that failure to respect unsubscribe requests is a major red flag, especially in a high-risk industry like gambling.
Tabcorp’s Court-Enforceable Undertaking
In addition to the fine, Tabcorp must now adhere to a 3-year legal agreement, which includes:
- Independent reviews of all direct marketing systems
- Quarterly audits of all VIP communication
- Full staff training on spam compliance
- Regular reporting to ACMA
“We’ll be watching Tabcorp very closely,” Yorke warned.
A Pattern of Missteps
This isn’t Tabcorp’s first brush with regulators:
- November 2024: Fined AU$262,920 for accepting 854 in-play tennis bets illegally
- 2024: Hit with a record AU$4.6 million fine in Victoria for sending marketing to users who opted out
“Clearly, this is not a one-off issue,” ACMA stated.
What It Means for the Industry
The message is loud and clear: VIP marketing must follow spam laws. That includes clear opt-in, transparent sender details, and easy unsubscribe options.
If you’re running VIP or loyalty programmes in gambling — whether in Australia or globally — compliance is not negotiable.
