Gambling Operator Hit with Second Enforcement Action Following Violations of Do Not Call Register and Unsubscribe Rules
Tabcorp Holdings Limited (TAB) has paid more than $2.7 million in penalties after the Australian Communications and Media Authority (ACMA) uncovered multiple breaches of spam and telemarketing regulations.
The investigation revealed that between February 2024 and June 2025, TAB made unauthorized telemarketing calls to VIP customers, which included 351 calls to numbers listed on the Do Not Call Register without consent, 82 calls outside permitted hours, and nearly 4,000 calls that failed to properly identify the caller or the purpose of the call. Additionally, ACMA took action after TAB self-reported that it sent over 217,000 marketing emails and SMS messages over a 16-day period to customers who had unsubscribed from specific marketing channels.
Regulatory Response and Compliance Requirements
ACMA Authority member Samantha Yorke condemned the behavior, emphasizing the heightened risks associated with gambling marketing.
“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.”
In addition to the financial penalties, ACMA accepted a court-enforceable undertaking requiring TAB to conduct an independent review of its telemarketing systems, implement necessary improvements, and supply regular compliance reports. This requirement runs alongside a separate spam undertaking already in force from ACMA’s previous 2024 enforcement action. Over the past 18 months, businesses have collectively paid more than $12 million in penalties for spam and telemarketing breaches.
