ACMA Penalizes PointsBet for Breaching Spam and Self-Exclusion Laws

The Australian Communications and Media Authority (ACMA) has slammed PointsBet Australia with a fine of over half a million Australian dollars due to violations of the country’s online marketing and gambling self-exclusion laws.

PointsBet’s Promotional Emails Violated the Rules

Following an investigation into PointsBet’s practices, the ACMA learned that the operator had sent some 800 messages that violated Australia’s laws on spam. As a result, PointsBet was required to pay an AUD 500,800 spam penalty and is subject to enforceable undertakings.

The violation included 705 emails that were sent to consumers between September and November 2023, all of which contained a direct link to PointsBet’s wagering platform.

According to the ACMA, PointsBet mischaracterized the emails as “non-commercial,” despite the fact that they clearly promoted the operator’s services. Since the ACMA deemed the emails to be commercial, they were subject to Australia’s spam rules.

In addition to those emails, PointsBet is said to have sent 7 marketing emails without recipient consent. The operator also sent 90 commercial texts that did not have the sender’s contact information.

To make matters worse, some of PointsBet’s messages were sent to self-excluded individuals, which is a serious violation of Australia’s gambling rules. According to an investigation by the National Self-Exclusion Register (NSER), PointsBet sent 508 marketing messages to self-excluded people between August and September 2023.

While the ACMA confirmed that no excluded customers were able to play during the period in question, the messages still constituted a serious violation. PointsBet has since accepted an enforceable undertaking and committed to complying with spam and NSER laws and providing regular training for all relevant staff.

Operators Should Shield Vulnerable Players from Harm

ACMA chair Nerida O’Loughlin firmly said that there are no excuses for gambling operators that do not understand the requirements to protect vulnerable people from harm. She called PointsBet’s violations “deeply concerning” and potentially detrimental to players who had taken proactive steps to stop gambling online.

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.

Nerida O’Loughlin, chair, ACMA

O’Loughlin added that operators are responsible for making sure that messages promoting their services comply with all relevant rules, including the obligation to promote the NSER. She said that the ACMA will continue to monitor PointsBet’s compliance closely.

The ACMA added that it was unable to impose a financial penalty in relation to PointsBet’s advertising to self-excluded players in particular “due to the complex and novel matters investigated.” However, failure to comply with an enforceable undertaking could lead to court-ordered financial penalties.

In the meantime, PointsBet is considering Betr’s takeover proposal, although officials have not ruled out MIXI’s proposal either.