Australia’s communications regulator (ACMA) has imposed more than AU$2.7 million ($1.8 million) in penalties on Tabcorp Holdings Limited after finding the wagering operator breached the country’s spam and telemarketing laws.
The Australian Communications and Media Authority (ACMA) said its investigation found that between February 2024 and June 2025, Tabcorp made 351 telemarketing calls to customers whose numbers were listed on the Do Not Call Register without consent, placed 82 marketing calls outside permitted calling hours and made nearly 4,000 calls without properly identifying either the company or the purpose of the call.
Separately, the regulator found that Tabcorp sent more than 217,000 marketing emails and SMS messages over a 16-day period in 2025 to customers who had unsubscribed from receiving marketing communications through specific channels. The company self-reported the issue to the ACMA. ACMA Authority Member Samantha Yorke said the breaches were particularly concerning given the risks associated with gambling advertising.
“When people join the Do Not Call Register or unsubscribe from marketing messages, they are making a clear choice,” Yorke said. “Those choices must be respected – especially given the heightened risks of financial loss and psychological harm from gambling marketing.”
Yorke said the volume and variety of the breaches pointed to significant shortcomings in Tabcorp’s compliance systems and warned the regulator would closely monitor the company’s efforts to address the issues.
The enforcement action marks the second time the ACMA has penalized Tabcorp for spam-related breaches. In 2024, the operator was ordered to pay more than AU$4 million ($2.6 million) after sending non-compliant SMS and WhatsApp marketing messages to VIP customers. In determining the latest penalty, the ACMA said it took into account that TAB voluntarily disclosed the spam breaches, that they occurred over a relatively short 16-day period and that the affected customers had opted out of marketing through specific communication channels rather than all marketing communications.
In addition to the financial penalties, Tabcorp has entered into a court-enforceable undertaking requiring it to commission an independent review of its telemarketing systems, implement any recommended improvements and submit regular compliance reports to the regulator. The undertaking will operate alongside a separate spam compliance undertaking already in force following the ACMA’s previous enforcement action.
The regulator said Australian businesses must not contact individuals listed on the Do Not Call Register without consent, may only make telemarketing calls during permitted hours, must clearly identify themselves and the purpose of the call, and cannot send marketing messages to customers who have withdrawn their consent.
According to the ACMA, Australian businesses have paid more than AU$12 million ($7.8 million) in penalties for spam and telemarketing violations over the past 18 months.
