The VIP experience often entails luxury and importance, even in digital spaces.

If you recently found your phone buzzing with unexpected messages of 'exclusive VIP offers', it's time to see what it's about and if it truly offers a deluxe experience.


Tabcorp, one of Australia's largest betting operators, has been slapped with $4 million in fines for breaching the country's spam laws.

Between February and May 2024, Tabcorp sent over 2,500 messages via text and WhatsApp to their VIP customers.

However, these messages did not include an option to unsubscribe.


With the Spam Act 2003 strictly being implemented, these messages clearly violated the law.

On top of the texts, the Australian Communications and Media Authority (ACMA) also found out that more than 3,100 messages did not include information about the senders.

Tabcorp also sent 11 messages without the recipient's prior consent.

This was the first time ACMA found spam law breaches within gambling VIP programs.

These messages have become a cause for concern, given how these programs target vulnerable individuals.


What are gambling 'VIP' programs, anyway?

When the acronym 'VIP' pops up, high-rollers with money to burn immediately come to mind.

However, gambling VIP programs work differently.

According to ACMA's Samantha Yorke, these programs often target regular punters, with some already experiencing significant losses.

The 'VIP' label is only used to make customers feel special.

However, the VIP programs often promote bonus bets, rebates, or even tickets to sporting events to keep people gambling.


Spam laws protect consumers from being bombarded with unwanted marketing.

Customers should be able to opt out of these messages whenever they want to.

'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,' ACMA emphasised.

Tabcorp already paid the $4 million fine and agreed to a three-year court-enforceable undertaking.

Tabcorp will also have to:

• Conduct an independent review of their marketing materials
• Run staff training on compliance
• Audit their VIP marketing program every quarter

The company promised to 'remediate and significantly improve' their processes under a new leadership team.


The bigger picture: Spam laws in Australia

Tabcorp's fine is just one of the many crackdowns towards spam messages.

For the past 18 months, the ACMA has fined companies more than $16.9 million for breaches of spam laws.

Regulators are taking consumer protection seriously, and companies should also do the same.

If you're receiving unwanted marketing messages, whether from betting companies or anyone else, here are some reminders:

• You have the right to unsubscribe. Every marketing message should include a straightforward way to opt out.
• If you can't unsubscribe, or if the messages keep coming after you've opted out, you can report the company to the ACMA.
• Be wary of 'VIP' offers, especially if you're not a high-roller. These programs are designed to keep you spending, not to reward you for your loyalty.

If you or someone you know is struggling with gambling, help is available.

The National Gambling Helpline is free and confidential. You may call them at their hotline, 1800 858 858.
Have you ever been bombarded with unwanted texts or emails before? Was it easy to unsubscribe, or did the messages keep coming? Share your experiences in the comments below; your story might help someone else avoid the same pitfalls.

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