The online gambling provider PointsBet Australia Pty Ltd has paid a $500,800 AUD spam penalty following an investigation.
The company is “subject to enforceable undertakings after breaching Australia’s e-marketing and gambling self-exclusion laws,” according to the Australian Communications and Media Authority (ACMA).
The government agency conducted investigations that “found that the company sent more than 800 messages that breached Australia’s spam laws.”
It’s also reported that it had contravened laws relating to the National Self-Exclusion Register (NSER), BetStop, “by delaying closing accounts of customers who had registered and sending marketing messages to self-excluded persons.”
Between September and November 2023, it’s reported the company had sent 705 emails containing a direct link to its betting products without including an unsubscribe function. Seven marketing emails are said to have been sent without recipient consent, and 90 commercial texts did not have sender contact information.
PointsBet: ACMA Chair says there are ‘no excuses’
Within the news announcement, the ACMA Chair Nerida O’Loughlin said there are no excuses for gambling companies that fail to understand their legal obligations.
“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,“ Ms O’Loughlin said.
The investigation also found that the company sent 508 marketing messages to self-excluded individuals in August and September 2023.
The ACMA found that no excluded customers were able to place bets during the period investigated.
“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 agency has accepted ‘comprehensive court-enforceable undertakings from PointsBet committing it to reviews into its compliance with spam and NSER laws, actioning any recommended improvements and providing regular training for all relevant staff.’
“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,” Ms O’Loughlin said.
Featured Image: AI-generated via Ideogram
