Tabcorp Holdings Limited (TAB) has paid more than $2.7 million in penalties after the Australian Communications and Media Authority (ACMA) found multiple breaches of spam and telemarketing laws by the company.
The ACMA found that between February 2024 and June 2025, TAB made telemarketing calls to VIP customers that included 351 calls to numbers on the Do Not Call Register without consent, 82 calls outside permitted hours, and nearly 4,000 calls without properly identifying itself as the caller and/or the purpose of the call.
The ACMA also took action after TAB self-reported in 2025 that it sent more than 217,000 marketing emails and SMS over a 16-day period to customers who had unsubscribed from specific marketing channels.
Authority member Samantha Yorke said the conduct was unacceptable, particularly given the risks associated with gambling advertising and TAB’s recent compliance history.
“When people join the Do Not Call Register or unsubscribe from marketing messages, they are making a clear choice,” Ms Yorke said.
“Those choices must be respected – especially given the heightened risks of financial loss and psychological harm from gambling marketing.”
“The scale and range of these breaches point to serious weaknesses in TAB’s compliance systems. The ACMA expects TAB to fix these issues, and we will be watching closely to ensure it meets its obligations.”
This is the ACMA’s second spam enforcement action against TAB, following a penalty of more than $4 million for non-compliant SMS and WhatsApp messages sent to VIP customers in 2024.
In determining the latest spam penalty, the ACMA took into account that the conduct was self-reported, restricted to a 16-day period, and involved customers who had withdrawn their consent to receiving marketing via a specific channel, but had not opted out of all marketing.
In addition to the financial penalties, the ACMA has accepted a court-enforceable undertaking requiring TAB to conduct an independent review of its telemarketing systems, implement improvements and provide regular compliance reports.
This is in addition to a separate spam undertaking that is currently in force following the ACMA’s previous enforcement action.
Businesses have paid more than $12 million in penalties for spam and telemarketing breaches over the past 18 months.
Under Australian law, businesses must not contact numbers on the Do Not Call Register without consent, must only call during permitted hours, clearly identify themselves, and must not send marketing messages to people who have unsubscribed.
