Betfair Pty Limited has paid a $871,660 penalty after sending commercial messages that did not comply with Australia's spam laws to its VIP customers.
An Australian Communications and Media Authority (ACMA) investigation found Betfair sent 148 emails and text messages between March and December 2024 to customers who had not consented or had withdrawn their consent to receive such messages.
The investigation also found that Betfair sent six text messages and emails over the same period that did not contain an option for customers to unsubscribe.
The messages were sent to members of a Betfair VIP program, offering inducements such as account deposits and free tickets to events.
Authority Member Samantha Yorke said the ACMA has no tolerance for non-compliance with the Spam Act in the gambling sector, including where messages target VIP customers.
"VIP programs are generally designed to attract and retain customers with high betting activity, however this doesn't mean VIP customers are well off or can afford losses," Ms Yorke said.
"Sending promotional gambling messages to these customers without consent or with no option to opt-out is incredibly irresponsible in addition to being non-compliant."
"The spam laws have been in place for over twenty years and it is simply unacceptable for businesses not to respect the rights of their customers."
Betfair has also entered into a 2-year court-enforceable undertaking that will require it to invest in an independent review of its marketing messages and implement improvements, as well as undertake staff training, quarterly internal audits and report to the ACMA regularly.
"This is the second recent ACMA enforcement action concerning VIP customers in the gambling sector. Providers are on notice that they need to have their compliance systems in order," Ms Yorke said.
Over the last 18 months businesses have paid over $16.6 million in spam penalties. Enforcing compliance with the spam laws will continue to be an area of focus for the ACMA in 2025-26 under its enduring compliance priority of combating spam and telco scams.
The ACMA has also released a statement of expectations about the use of consent in e-marketing to assist businesses to comply with Australia's spam laws.
Consumers can make a complaint about spam here
