PointsBet: spam is expensive
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21 May 2025 •
Reading time: 2 minutes Online betting provider PointsBet Australia Pty Ltd has been fined AU$500,800 (approximately €285,000) for breaching Australia’s spam and self-exclusion laws. The Australian Communications and Media Authority (ACMA) found that the company had sent promotional messages to individuals on the national self-exclusion register, BetStop.
Multiple breaches identified
Between August and November 2023, PointsBet sent more than 800 promotional communications in breach of the Australian Spam Act, including:
- 705 emails promoting gambling services without a functioning unsubscribe mechanism,
- 90 marketing text messages without sender identification,
- And 7 unsolicited promotional emails.
In addition, PointsBet sent 508 marketing messages to individuals registered with BetStop, in breach of self-exclusion protocols.
However, the ACMA confirmed that none of the self-excluded customers were able to place bets during the period under investigation. Despite the sending of illegal communications, access to gambling services was technically restricted in accordance with the law.
ACMA reaction
ACMA President Nerida O’Loughlin expressed her concern at the breaches:
‘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.’
She stressed the importance of betting providers complying with marketing and self-exclusion rules.
Compliance undertakings
In response to these breaches, PointsBet has agreed to:
- Conduct an internal audit of its compliance procedures,
- Implement the recommendations arising from this audit,
- And regularly train its staff on its obligations in relation to spam and self-exclusion.
Although the ACMA was unable to impose a specific financial penalty for BetStop-related breaches due to legal complexities, it warned that any future breaches could result in legal sanctions.
Wider context
The fine is part of a series of penalties imposed by the ACMA, which has imposed more than A$14 million in spam-related penalties over the past 18 months. Companies such as Commonwealth Bank of Australia, Pizza Hut Australia and DoorDash have also been fined for similar breaches.