Spam Laws Cost Tabcorp $4 Million — What Your Business Can Learn

Australia’s largest betting company, Tabcorp, has just been hit with more than $4 million in penalties for breaching Australia’s spam laws. Issued by the Australian Communications and Media Authority (ACMA), this is one of the biggest fines in Australian spam enforcement history — and a wake-up call for all businesses that engage in marketing.

While Tabcorp operates in the gambling sector, the legal rules they broke apply across all industries, including retail, services, franchising, and professional consulting. If your business sends emails, SMS campaigns or even personalised marketing messages, this case is worth paying attention to.

What went wrong at Tabcorp?

According to the ACMA, Tabcorp committed several key breaches of the Spam Act 2003 (Cth):

• Over 5,700 unlawful messages were sent to VIP customers;

• Almost 3,000 marketing messages were missing unsubscribe links;

• Some messages included inadequate or unclear sender information;

• And crucially, some messages were sent without proper consent from recipients.

This wasn’t a one-off incident — it reflected systemic failings in Tabcorp’s marketing compliance systems.

Why this matters for all businesses

You don’t need to be in the gambling sector to be affected. The Spam Act covers any business sending commercial electronic messages — including promotional emails, SMS campaigns, and direct-to-customer push notifications.

Whether you’re a growing franchise brand or a small professional services firm, non-compliance can quickly become a costly liability.

In fact, the ACMA has issued more than $16.9 million in spam-related penalties in just the last 18 months.

4 Spam Law Compliance Essentials for Business Owners

If your business engages in any form of direct marketing, here are four basic legal principles you must follow:

1. Get consent

   You can only send commercial messages to people who’ve opted in. This includes both express and inferred consent — but relying on the latter comes with risk.

   
   

2. Make it easy to unsubscribe

   Every message must include a clear, functional way for recipients to opt out. No unsubscribe link? You’re in breach.

   
   

3. Identify yourself properly

   Your business must be clearly identified in each message, with accurate contact details.

   
   

4. Have a system in place

   Ensure you have proper compliance systems to monitor marketing practices — especially if you outsource marketing or run automated campaigns.

Worried about compliance? Don’t guess.

Bane Legal Services is not a law firm and does not provide legal advice, but we do help Australian businesses get connected with the right commercial or regulatory lawyer — someone who understands marketing compliance inside and out.

With over 30 years of business experience, we understand the pressures of digital marketing, brand growth, and customer communication — but we also know that regulatory breaches can derail even the best strategies.

If you're unsure whether your marketing practices are compliant with the Spam Act 2003, or you need help reviewing your systems, we can connect you with a trusted legal expert to help you get it right — before a regulator like ACMA comes knocking.

Need a marketing compliance check-up?

Talk to Bane Legal Services today — your trusted legal matchmaker for Australian business.