Legal
PointsBet Fined AU$500K for Violating Spam Laws
In a major blow to its Australian operations, PointsBet has been hit with a AU$500,800 fine for breaching spam laws and self-exclusion regulations.
The Australian Communications and Media Authority (ACMA) found that PointsBet sent hundreds of marketing messages to users who had actively self-excluded via the national BetStop register, and violated spam rules by sending emails and texts that lacked proper consent or opt-out options.
This regulatory crackdown underlines the non-negotiable standards for licensed operators when it comes to respecting responsible gambling and consumer protection laws in Australia.
Let’s break down what happened, why it matters, and how PointsBet—and other wagering providers—must now move forward under tighter scrutiny.
PointsBet Slammed with AU$500,800 Fine for Spam and Self-Exclusion Breaches in Australia
3 Key Points
- PointsBet sent 508 marketing messages to self-excluded users, violating the BetStop NSER rules.
- The operator also breached spam laws, with over 800 messages sent without proper consent or opt-out features.
- ACMA imposed a AU$500,800 penalty and accepted legally binding commitments from PointsBet to improve compliance.
ACMA Investigates and Penalizes PointsBet
Between September and November 2023, PointsBet sent a series of emails and texts that violated multiple provisions of Australian spam and gambling regulations.
According to ACMA:
- 705 emails included links to betting products but lacked an unsubscribe mechanism.
- 90 text messages were commercial in nature but omitted sender contact details.
- Seven emails were sent without user consent.
Crucially, PointsBet misclassified its marketing emails as “non-commercial,” attempting to sidestep the spam law—despite the emails directly promoting gambling services.
Breach of Self-Exclusion Protections: A Serious Offense
Worse still, ACMA discovered that PointsBet contacted 508 individuals registered with Australia’s National Self-Exclusion Register (NSER), BetStop, during August and September 2023.
Under Australian law, operators are strictly forbidden from promoting gambling to self-excluded individuals.
ACMA Chair Nerida O’Loughlin condemned the breach:
“It is deeply concerning that these failures have impacted customers who had taken proactive steps to exclude themselves from online wagering.”
The regulator stressed that self-exclusion must be respected, and operators who ignore this undermine the integrity of the system and the trust of the public.
Court-Enforceable Undertakings and Commitments
Although no self-excluded customers were able to place bets—thanks to BetStop’s system-wide restrictions—ACMA still took action to ensure future breaches do not occur.
PointsBet has now agreed to:
- Undergo independent reviews of its compliance systems
- Implement all recommended improvements
- Provide ongoing staff training
- Submit to ongoing ACMA monitoring
These court-enforceable undertakings form part of a broader effort to strengthen accountability across the wagering sector.
O’Loughlin reinforced the message:
“This action should serve as a warning. We will continue to monitor PointsBet and ensure it meets its obligations.”
Regulatory Landscape in Australia: No Room for Error
The Australian gambling industry operates under some of the strictest responsible gambling frameworks globally.
The BetStop NSER, introduced to centralize self-exclusion, reflects the country’s push to prioritize player protection and ethical marketing.
With increasing concerns around gambling harm, consumer data misuse, and aggressive advertising, ACMA’s enforcement actions signal that non-compliance will be met with swift penalties and reputational damage.
PointsBet’s AU$500,800 fine is more than a regulatory slap on the wrist—it’s a clear reminder that responsible gambling is not optional.
Breaching spam laws and undermining self-exclusion protocols jeopardizes not only consumer trust, but also a company’s license to operate in tightly regulated markets like Australia.
For PointsBet, this is a costly wake-up call. For the rest of the industry, it’s a warning to tighten compliance, review communication strategies, and treat responsible gambling as a core operational mandate, not a secondary concern.
✅ Need help aligning your marketing systems with NSER and ACMA regulations? Let’s develop a compliance-first strategy for your brand.
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