ACMA fines PointsBet for breaching email marketing rules

PointsBet has been fined over AU$500,800 for a series of breaches of e-marketing and gambling self-exclusion laws.

Australia.- The Australian Communications and Media Authority (ACMA) has fined PointsBet AU$500,800 (US$320,512) over a series of promotional emails. The regulator said its investigation detected emails that breached anti-spam rules as well as violations of self-exclusion rules.

ACMA said that between September and November 2023, the company sent 705 emails without an unsubscribe function. PointsBet wrongly classified the emails as “non-commercial” although they promoted gambling services and fell under spam rules. It also sent seven marketing emails without the recipients’ consent and 90 commercial texts without clear sender contact information.

Between August and September 2023, the online gambling provider broke rules related to BetStop, the National Self-Exclusion Register (NSER), by delaying the closure of customer accounts and sending 508 marketing messages to self-excluded people.

ACMA chair Nerida O’Loughlin said: “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.”

The ACMA found that no excluded customers were able to place bets with PointsBet during the period in question. The regulator accepted a commitment from the company to review its compliance with spam and NSER laws, make any necessary improvements and provide regular training to staff.

O’Loughlin added: “This action should serve as a warning to all wagering providers that they must meet their legal obligations or face the consequences. We will closely monitor PointsBet’s compliance with its undertakings and with the spam and NSER laws.”