PointsBet Australia responds to fine over ads sent to self-excluded players
Australian online gambling company PointsBet has been slapped with a hefty $500,800 penalty for breaching spam and gambling self-exclusion laws following an investigation by the Australian Communications and Media Authority (ACMA). The company has also entered into court-enforceable undertakings aimed at addressing compliance failures.
The ACMA found that between September and November 2023, PointsBet sent more than 800 unlawful marketing messages, including hundreds of emails that either misrepresented their content or failed to provide standard opt-out mechanisms.
Contacted by SiGMA News, a PointsBet representative stated: “While the Company does not necessarily agree with the basis of all the findings, nor the quantum of the penalty, PointsBet put forward, and the ACMA accepted, the Enforceable Undertakings pursuant to which the Company will review and strengthen its compliance processes. It is important to note that PointsBet had proactively addressed the system failures before the ACMA commenced investigating.”
800 illegal marketing messages
“Between September and November 2023, PointsBet sent 705 emails containing a direct link to its betting products without including an unsubscribe function,” the ACMA stated in its press release. The emails, which were labelled as ‘non-commercial’ by the company, promoted PointsBet’s services and, therefore, fell under Australia’s spam laws.
The breaches didn’t stop there. According to the regulator, PointsBet also sent seven marketing emails without the consent of the recipient and 90 commercial text messages that did not include the sender’s contact information.
PointsBet sent marketing messages to self-excluded individuals
However, perhaps the most troubling issues were the company’s violations related to BetStop – the National Self-Exclusion Register (NSER). The revealed that in August and September 2023, PointsBet sent 508 marketing messages to individuals who had deliberately self-excluded from online gambling.
Under NSER rules, licensed wagering companies are prohibited from sending any form of marketing material to people registered on the self-exclusion list.
“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.”
A PointBets representative explained to SiGMA News: “The emails “containing a direct link to its betting products” were transactional / responsible gambling communications which included the PointsBet logo that unintentionally had an imbedded link to our website. They were not intended to be commercial in nature.“
No bets placed by excluded customers, but lines were crossed
Although the ACMA confirmed that no self-excluded customers placed bets during the investigation period, it emphasised the importance of maintaining strict barriers between gambling operators and vulnerable individuals.
“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,” O’Loughlin added.
Enforceable undertakings and no NSER fine—for now
The ACMA has accepted enforceable undertakings from PointsBet, which include:
- Comprehensive reviews of its spam and NSER compliance frameworks
- Implementation of any recommended improvements
- Regular training for all relevant staff
While no financial penalty was issued for the NSER breaches — due to what the ACMA described as “complex and novel matters” — failure to comply with the enforceable undertaking can result in court-ordered penalties.
“This action should serve as a warning to all wagering providers that they must meet their legal obligations or face the consequences,” O’Loughlin said. “We will closely monitor PointsBet’s compliance with its undertakings and with the spam and NSER laws.”
Broader crackdown on gambling and spam misconduct
The enforcement marks a significant milestone in the ACMA’s regulatory efforts. This is the first public action taken under the NSER rules, and it comes amid a broader crackdown. Over the last 18 months, Australian businesses have paid more than $14 million in spam-related penalties, according to the regulator.
The ACMA said that compliance with interactive gambling safeguards and misleading spam messages are among its current enforcement priorities.
