Online Gambling Provider Penalized for Breaching Spam and Self-Exclusion Laws

Online gambling provider PointsBet Australia Pty Ltd has been penalized $500,800 and is now under enforceable undertakings for violating Australia’s e-marketing and gambling self-exclusion laws. The Australian Communications and Media Authority (ACMA) discovered that PointsBet breached spam laws by sending over 800 messages and also contravened laws related to the National Self-Exclusion Register (NSER).

During the investigation period from September to November 2023, PointsBet sent 705 emails without an unsubscribe function and misclassified them as ‘non-commercial’ despite promoting their betting products. Additionally, the company sent marketing emails without recipient consent and commercial texts lacking sender contact information.

The NSER investigation found that PointsBet sent 508 marketing messages to self-excluded individuals, violating the NSER laws. ACMA Chair Nerida O’Loughlin expressed concern over the impact on customers who had taken steps to exclude themselves from online wagering, emphasizing the importance of companies like PointsBet complying with legal obligations.

PointsBet has committed to reviews of its compliance with spam and NSER laws, implementing any necessary improvements, and providing staff training. Failure to comply with the undertakings may lead to court-ordered financial penalties. This enforcement action, the first of its kind under the NSER rules, highlights the importance of compliance with interactive gambling safeguards and preventing misleading spam messages.