PointsBet Australia has paid a AU$500,800 spam penalty as a result of breaching Australia’s e-marketing and gambling self-exclusion laws.
More than 800 messages which breached spam laws were found by the Australian Communications and Media Authority (ACMA) after conducting an investigation.
ACMA also stated that PointsBet also contravened laws relating to the national self-exclusion register (NSER) BetStop by delaying closing accounts of customers who had registered and sending marketing messages to self-excluded persons.
Between September and November 2023, PointsBet sent 705 emails containing a direct link to its betting products without including an unsubscribe function.
The emails were mischaracterised by PointsBet as ‘non-commercial’ despite promoting their services, making them subject to the spam rules.
“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,” said ACMA chair Nerida O’Loughlin.
“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.
“Wagering providers must also appropriately identify where messages promote or advertise their services and ensure that those messages comply with the rules, including the obligation to promote the NSER.”
