The Australian Communications and Media Authority (ACMA) has directed PointsBet to pay a fine of AU$500,800 (US$321,706) for violating marketing and gambling self-exclusion regulations in the nation.
ACMA discovered over 800 messages from PointsBet that contravened spam laws in Australia. Additionally, it mentioned that the operator disregarded laws associated with the BetStop national self-exclusion register (NSER).
Detailing the situation, ACMA disclosed that between September and November 2023, PointsBet dispatched 705 emails containing a direct link to its betting products without an unsubscribe option. The regulator stated that PointsBet erroneously classified these emails as non-commercial despite promoting their services, rendering them subject to spam regulations.
ACMA also found seven marketing emails sent without recipient consent and 90 commercial texts lacking sender contact details.
PointsBet violates self-exclusion rules
ACMA also highlighted concerns regarding PointsBet contacting individuals who had self-excluded from gambling. An NSER investigation revealed that PointsBet forwarded 508 marketing messages to self-excluded persons in August and September 2023.
NSER legislation in Australia prohibits licensed wagering service providers from distributing marketing materials to NSER registrants. By reaching out to these individuals, PointsBet was deemed to have breached regulations.
ACMA Chair Nerida O’Loughlin criticized PointsBet for these shortcomings, emphasizing that gambling companies must comprehend their legal responsibilities to consumers.
“It is highly troubling that these lapses have affected PointsBet’s customers, some of whom had proactively excluded themselves from online wagering,” O’Loughlin remarked.
“People joining the NSER are actively working to eliminate online gambling from their lives. Their choice should not be undermined by firms like PointsBet.
“Wagering providers must also accurately identify when messages promote or advertise their offerings and ensure compliance with regulations, including the duty to support the NSER.”
Dedicated to enhancements
Summarizing the situation, ACMA confirmed that no excluded customers managed to place bets with PointsBet during the reviewed period due to their NSER registration, which restricts them from gambling with any licensed provider in Australia.
ACMA also noted that it accepted legally binding commitments from PointsBet to conduct audits on its adherence to spam and NSER laws. The operator will implement all suggested improvements and provide ongoing staff training to prevent future violations.
“This enforcement should signal to all wagering providers that they must fulfill their legal obligations or face repercussions,” O’Loughlin warned. “We will closely monitor PointsBet’s compliance with its commitments and with spam and NSER laws.”
