• Betfair Australia has paid an A$871,660 penalty issued by the Australian Communications and Media Authority (ACMA) for breaching national spam laws.
• The investigation found Betfair sent over 150 promotional messages, including account deposits and free tickets, to VIP customers who had not consented or had previously unsubscribed.
• Some messages also failed to include a functional unsubscribe option, a core requirement of Australia’s Spam Act 2003.
• An ACMA official described the practice of sending unsolicited gambling promotions to high-value VIP customers as “incredibly irresponsible.”
• This is the second major operator, after Tabcorp, to be penalised by ACMA for VIP marketing breaches this year, signalling a clear regulatory crackdown in this area.

Betfair Pty Limited, the Australian betting exchange owned by Crown Resorts, has paid a significant penalty of A$871,660 after an investigation by the Australian Communications and Media Authority (ACMA) found it had sent unlawful marketing messages to customers.

The investigation revealed that between March and December 2024, Betfair sent 148 promotional emails and text messages to customers in its VIP programme. These messages, which offered incentives such as account deposits and free event tickets, were sent to individuals who had either not consented to receive them or had previously withdrawn their consent.

Furthermore, the regulator found that during the same period, six commercial messages were sent without a functional unsubscribe link, directly breaching a core provision of Australia’s spam laws.

Regulator Slams ‘Incredibly Irresponsible’ Conduct

In a strongly worded statement, ACMA has condemned the operator’s conduct, particularly its focus on 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,” commented ACMA member Samantha Yorke.

She described the operator’s actions as “incredibly irresponsible in addition to being non-compliant,” adding, “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.”

Court-Enforceable Undertaking Imposed

Beyond the financial penalty, Betfair Australia has been required to enter into a two-year court-enforceable undertaking with the regulator. This legally binding agreement will compel the company to implement a series of remedial actions to ensure future compliance.

The undertaking includes commissioning an independent review of its marketing compliance systems, providing comprehensive training for its staff, and submitting regular compliance reports directly to ACMA. This places the company under a period of heightened regulatory oversight.

A Pattern of Enforcement on VIP Marketing

This case is not an isolated incident but part of a clear pattern of enforcement by the Australian regulator. It is the second major penalty issued this year concerning the unsolicited marketing of VIP programmes, following a fine of over A$4 million levied against Tabcorp for similar breaches.

The regulator has made its position clear. “This is the second recent ACMA enforcement action concerning VIP customers in the gambling sector,” Yorke concluded. “Providers are on notice that they need to have their compliance systems in order.” The back-to-back enforcement actions serve as a stark warning to all operators in the Australian market that non-compliant marketing, particularly when directed at high-value customers, will attract severe regulatory consequences.