PointsBet Australia is up for a penalty of $500,800 following revelations by the Australian Communications and Media Authority (ACMA) that the company sent over 800 messages that contravened Australia's spam and gambling self-exclusion laws.

Between September and November 2023, PointsBet is alleged to have dispatched 705 emails containing direct links to betting products, which lacked an unsubscribe function. Despite promoting services, these emails were mischaracterised by PointsBet as 'non-commercial', thereby subjecting them to spam rules. Additionally, PointsBet sent seven marketing emails without obtaining recipient consent and 90 commercial text messages that did not include sender contact information.

PointsBet also violated BetStop, the National Self-Exclusion Register (NSER) laws, by sending 508 marketing messages to individuals who had self-excluded from gambling in August and September 2023. Under NSER laws, individuals who have registered must not receive marketing materials from licensed wagering services.

The ACMA found no evidence that excluded customers placed bets with PointsBet during the investigation period. PointsBet has committed to court-enforceable undertakings to review its compliance with spam and NSER laws, implement recommended improvements, and provide regular staff training.

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... 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."

The ACMA cannot impose a financial penalty for NSER breaches due to the complexity of the matters investigated. However, non-compliance with undertakings can lead to court-ordered penalties. This marks the first enforceable action announced under the NSER rules.

In the broader market, businesses have paid over $14 million in penalties related to spam violations over the past 18 months.