PointsBet has been fined AU$500,800 (approx. US$321,700) by the Australian Communications and Media Authority (ACMA) for sending over 500 promotional messages to individuals who had self-excluded from gambling, violating national regulations.
Between September and November 2023, PointsBet sent more than 800 messages breaching Australian spam and gambling self-exclusion laws. This included 705 emails promoting betting services without an unsubscribe option – emails which the company inaccurately labeled as non-commercial. Additionally, ACMA found seven marketing emails sent without consent and 90 commercial SMS messages lacking sender details.
A key violation involved PointsBet contacting individuals listed on the BetStop National Self-Exclusion Register (NSER), with 508 marketing messages sent during August and September 2023 alone. Under NSER rules, licensed gambling operators are strictly prohibited from sending marketing to registered self-excluders.
ACMA Chair Nerida O’Loughlin criticized the operator, stating that gambling companies have no excuse for neglecting their legal responsibilities toward consumer protection.
Nerida O’Loughlin, ACMA Chair, mentioned:
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.
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.
ACMA noted that none of the self-excluded individuals were able to place bets with PointsBet during the review period, as their registration with the National Self-Exclusion Register (NSER) blocked them from gambling with any licensed operator in Australia.
The authority also confirmed it had accepted legally binding commitments from PointsBet, which include conducting internal reviews of its compliance with spam and NSER regulations. The company has agreed to implement all necessary improvements and provide ongoing staff training to prevent future violations.
