Betfair fined $562,765 for unlawful spam messages to VIP customers

Betfair Pty Limited has been fined AUD$871,660 ($562,765) for breaching Australia’s spam laws after sending a series of non-compliant marketing messages to VIP customers.

An investigation by the Australian Communications and Media Authority (ACMA) found Betfair sent 148 emails and text messages between March and December 2024 to customers who had not consented or had withdrawn consent. Six messages also lacked an unsubscribe option.

The messages were sent to members of a Betfair VIP program, and offered inducements such as account deposits and free event tickets.

“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,” said ACMA Authority Member Samantha Yorke. “Sending promotional gambling messages to these customers without consent or with no option to opt out is incredibly irresponsible in addition to being non-compliant.”

She added that spam laws have been in place for over twenty years, and it is unacceptable for businesses to ignore their customers' rights. Yorke warned operators that the ACMA has no tolerance for non-compliance with the Spam Act in the gambling sector.

As part of a two-year court-enforceable undertaking, Betfair must also undergo an independent review of its marketing practices, implement system improvements, conduct staff training, carry out quarterly internal audits, and report regularly to the ACMA.

Betfair is not the only company fined for breaking spam laws. The ACMA has penalized several businesses over the past year. In June, Tabcorp was fined AUD$4 million (US$2.58 million) for sending thousands of unsolicited messages to VIP customers without proper consent or sender information.

Earlier this year, PointsBet Australia was fined AUD$501,000 (US$323,488) for sending over 800 promotional messages, including to self-excluded customers. The company agreed to a court-enforceable undertaking to fix its compliance and staff training.

In the last 18 months, Australian businesses have paid over AUD$16.6 million ($10.71 million) in spam fines. The ACMA said cracking down on spam and telecom scams will stay a top priority in 2025–26.