ACMA authority member Samantha Yorke said the breaches were “deeply concerning”.
Tabcorp Holdings (TAB) has been fined $4,003,270 for breaching spam laws after sending more than 5,700 unlawful marketing messages to members of its VIP program.
An investigation by the Australian Communications and Media Authority (ACMA) found that between February 1 and May 1, 2024, TAB sent 2,598 SMS and WhatsApp messages without including an unsubscribe option.
Another 3,148 messages lacked sufficient sender information, and 11 messages were sent without any consent between February 15 and April 29, 2024.
ACMA authority member Samantha Yorke said the breaches were “deeply concerning” given TAB’s status as a major gambling operator.
“This is the first time the ACMA has investigated and found spam breaches in a gambling VIP program,” she said.
“These programs often involve personalised messages offering incentives such as bonus bets, deposit matching, rebates and offers of tickets to sporting and other events.”
Yorke said the gambling industry needed to understand that spam laws apply to all direct marketing, whether generic campaigns or personalised messages.
“VIPs should not be confused with gambling ‘high-rollers’,” she said.
“These types of gambling VIP programs can involve customers who are not well off and are experiencing significant losses.
“It is utterly unacceptable that TAB did not have adequate spam compliance systems in place.”
Under the Spam Act 2003, businesses must have consent before sending marketing messages and those messages must also include sender details and a working unsubscribe function.
“When people make choices to unsubscribe from a service they must be able to do so easily and their decisions must be respected by companies,” Yorke said.
TAB has entered into a three-year court-enforceable undertaking requiring it to review its direct marketing systems, implement improvements, conduct quarterly audits, train staff and report to the ACMA.
“The ACMA will be watching closely to ensure TAB meets its commitments and complies with the spam laws in future,” Yorke said.
Gambling compliance and spam regulation remain enforcement priorities for the ACMA.
Over the past 18 months, businesses have paid more than $16.9 million in spam-related penalties.
The ACMA also issued a statement of expectations to guide businesses on proper use of consent in electronic marketing.
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