Tabcorp Holdings Limited has paid more than AU$2.7 million, equivalent to about US$1.9 million, after Australia’s communications regulator identified breaches of telemarketing and spam laws involving customer calls and marketing messages.
The Australian Communications and Media Authority (ACMA) examined Tabcorp’s contact with customers over a period stretching from February 2024 to June 2025. Its findings included 351 telemarketing calls made to VIP customers whose numbers appeared on the Do Not Call Register and who had not provided the necessary consent.
The regulator separately identified 82 calls placed outside the hours permitted under Australian telemarketing rules.
Another issue involved caller identification requirements. Nearly 4,000 calls did not properly identify Tabcorp as the caller and/or explain the purpose of the communication.
The enforcement action also covers a separate marketing issue that Tabcorp reported itself in 2025. Over a 16-day period, the company sent more than 217,000 promotional emails and SMS messages to customers who had already unsubscribed from marketing through the channels used to contact them.
ACMA Points to Weaknesses in Compliance Systems
ACMA authority member Samantha Yorke said consumers who make decisions about receiving promotional communications should have those preferences observed.
“When people join the Do Not Call Register or unsubscribe from marketing messages, they are making a clear choice,” Ms Yorke said in a press release.
“Those choices must be respected – especially given the heightened risks of financial loss and psychological harm from gambling marketing.”
The regulator placed particular emphasis on the volume and different types of compliance failures identified during its investigation. It also considered the gambling-related nature of the marketing and Tabcorp’s previous regulatory history.
“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.”
The supplied secondary account renders the company name in the final quotation as “Tabcorp” rather than “TAB.” The wording above follows the version contained in the regulatory material provided.
Australian law restricts how businesses can use telemarketing and electronic marketing to contact consumers. Companies cannot call numbers listed on the Do Not Call Register without appropriate consent.
Telemarketing calls must also take place during permitted hours. Businesses have obligations to clearly identify themselves when making such calls and explain why they are contacting the recipient.
Rules covering electronic marketing also require companies to respect unsubscribe requests. Businesses cannot continue sending promotional communications through a marketing channel after a customer has withdrawn consent for messages through that channel.
Previous Spam Case Factored Into Regulatory Record
The latest action marks the second spam-related enforcement case taken against Tabcorp by the ACMA.
In an earlier case involving communications sent to VIP customers in 2024, Tabcorp received a penalty of more than AU$4 million, reported as approximately US$2.8 million. That action concerned SMS and WhatsApp messages that did not comply with applicable requirements.
A separate spam undertaking resulting from the previous enforcement action remains in force.
When determining the latest penalty relating to spam, the regulator considered several circumstances surrounding the conduct.
Tabcorp had self-reported the issue in 2025. The affected communications were sent during a limited 16-day period.
The customers involved had withdrawn consent to receive marketing through particular channels. They had not withdrawn consent for every form of marketing communication from the company.
These circumstances formed part of the regulator’s assessment of the latest enforcement response.
The case comes during a period of broader enforcement against businesses that fail to comply with Australian spam and telemarketing requirements. Companies have paid more than AU$12 million in penalties for breaches of those rules during the past 18 months.
Tabcorp Must Review Telemarketing Operations
Tabcorp faces obligations extending beyond the AU$2.7 million-plus financial penalties.
The ACMA has accepted a court-enforceable undertaking that requires the company to arrange an independent review of its telemarketing systems.
Tabcorp must act on deficiencies identified through that process and make changes to improve its compliance arrangements. The company will also have to submit regular reports addressing its compliance with the relevant requirements.
The new telemarketing undertaking operates alongside the separate spam undertaking already imposed following the regulator’s earlier action against Tabcorp.
The latest case places renewed scrutiny on how the wagering company manages customer marketing preferences and telephone communications, particularly those involving VIP customers.
The ACMA said it expects Tabcorp to address the weaknesses identified through its enforcement work and indicated that it will continue monitoring the company’s compliance with its legal obligations.