Key points:
- PointsBet Australia has paid a AU$500,800 (US$327,000) penalty for sending unlawful marketing messages and breaching self-exclusion rules
- The company contacted individuals who had opted out of online gambling
The Australian Communications and Media Authority (ACMA) has confirmed that PointsBet Australia has paid a AU$500,800 infringement notice following breaches of spam and self-exclusion laws.
ACMA’s investigation identified over 800 marketing messages sent in breach of Australia’s spam regulations between August and November 2023. These included emails lacking unsubscribe options and text messages without proper sender identification.
PointsBet was also found to have breached the National Self-Exclusion Register (NSER) laws by contacting individuals who had registered to exclude themselves from online betting.
In total, 508 marketing messages were sent to self-excluded persons during August and September 2023. Under the NSER, licensed wagering services must not send promotional material to registered individuals.
Between September and November, PointsBet sent 705 emails with direct links to betting services without including an unsubscribe facility. These were incorrectly classified by the company as non-commercial despite promoting gambling products.
Seven marketing emails were sent without recipient consent and 90 text messages did not include contact information for the sender.
PointsBet has provided enforceable undertakings to the ACMA, including independent reviews of its practices, the implementation of recommended changes and regular compliance training for relevant staff.
Good to know: More than AU$14m in spam-related penalties have been issued by the ACMA in the past 18 months.
The ACMA found the NSER breaches concerning despite no excluded individuals placing bets and while no extra fines were issued due to their complexity, failing future undertakings could lead to court-imposed penalties.
Nerida O’Loughlin, ACMA Chair, stated: “It is deeply concerning that these failures have impacted PointsBet’s customers, some of whom had taken proactive steps to exclude themselves from online wagering.
“People signing up to the NSER are taking positive steps to remove online gambling from their lives. Their decision must not be compromised by companies like PointsBet."
