Betfair has just been fined more than AUD 870,000 (~£490,000) for sending promotional messages to its VIP customers without their explicit consent.
Between March and December 2024, Betfair Pty Limited sent 148 promotional messages to customers who had not given their consent or who had revoked it. These communications, sent by email or SMS, were aimed exclusively at members of its VIP programme. The Australian Communications and Media Authority (ACMA) investigation also revealed that six of these messages did not even include an unsubscribe link, a clear violation of Australian spam law.
These practices, deemed particularly concerning, involved incentive offers such as gaming credits or invitations to prestigious events, intended to strengthen the loyalty of high rollers.
VIPs particularly targeted
The ACMA, through its member Samantha Yorke, strongly condemned this strategy.
‘VIP status does not give anyone special privileges. Loyalty programmes may target high-stakes customers, but that does not mean they are financially sound or able to absorb losses.’
She described these actions as deeply irresponsible.
Yorke also points out that anti-spam laws have been in place for over twenty years. Violating them, especially in a sector as sensitive as gambling, is no longer tolerable:
‘It is simply unacceptable for companies to disregard their customers’ rights.’
Fine and penalty
The fine amounts to AUD 871,660, or approximately €490,000, but this is only part of the penalty. Betfair has also committed to complying with a series of legally binding control measures for two years. This plan includes:
An independent audit of its marketing practices
- The implementation of technical corrective measures
- Mandatory staff training
- Quarterly audits
- Regular reporting to the ACMA
Severe penalties for repeat offences
This is the second notable intervention by the ACMA in a short period of time against the gambling sector, demonstrating increased vigilance.
‘Operators are warned: they must get their compliance systems in order.’
And the figures speak for themselves: more than AUD 16.6 million in fines have been imposed in 18 months under the Spam Act.
Self-regulation strategy imposed by the ACMA
With the aim of encouraging sustainable compliance, the Australian regulator has published a new guidance document for businesses. This document specifies expectations regarding customer consent in the context of electronic communications, emphasising the need for a clear, traceable opt-in that can be revoked at any time.
The message is clear: even major brands can no longer afford to circumvent the rules by relying on the privileged status of their customers.
Increased vigilance until 2026
The ACMA has already announced that marketing regulation in the gambling sector will remain a priority until 2026. The authority also encourages consumers to report unwanted messages via its online portal and to find out how to limit spam.