Gambling Giant Fined for Spam Breach

Tabcorp Holdings Limited (TAB) has been fined over $4 million by the Australian Communications and Media Authority (ACMA) for violating spam laws through unauthorized marketing messages to VIP customers. The penalty arises from more than 5,700 SMS and WhatsApp messages sent without proper unsubscribe options or adequate sender information.

ACMA’s investigation revealed that between February and May 2024, TAB sent 2,598 messages without unsubscribe options and 3,148 messages lacking sender details. Additionally, 11 messages were sent without customers’ consent. This marks the first instance of spam law breaches within a gambling VIP program.

Authority Member Samantha Yorke expressed her concerns about the compliance failure of a prominent gambling provider. She emphasized the importance of adhering to spam laws across all marketing efforts, highlighting the potential vulnerability of VIP customers who may not necessarily be affluent and could be experiencing significant financial losses.

In response to the breach, TAB has agreed to a three-year court-enforceable undertaking that includes an independent review and improvement of its direct marketing systems, regular audits, staff training, and reporting to the ACMA. The ACMA has underscored that gambling companies must respect consumer choices to unsubscribe from services.

The ACMA remains vigilant in ensuring compliance with spam regulations and continues to prioritize safeguarding consumers against unauthorized marketing practices.