Betfair Pty Limited has been fined $871,660 after Australia’s communications regulator found the wagering company sent unlawful marketing messages to its VIP customers.
The Australian Communications and Media Authority (ACMA) said an investigation identified 148 emails and text messages sent between March and December 2024 to customers who had not consented to receive them or had withdrawn consent. A further six messages sent over the same period did not include an option to unsubscribe.
The promotions targeted members of Betfair’s VIP program with inducements including account top-ups and complimentary tickets to events.
“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,” Ms Yorke said.
“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.”
“The spam laws have been in place for over twenty years and it is simply unacceptable for businesses not to respect the rights of their customers.”
As well as paying the penalty, Betfair has entered into a two-year, court-enforceable undertaking obliging it to commission an independent review of its marketing communications, implement improvements, train staff, conduct quarterly internal audits and report regularly to the ACMA.
“This is the second recent ACMA enforcement action concerning VIP customers in the gambling sector. Providers are on notice that they need to have their compliance systems in order,” Ms Yorke said.
According to the ACMA, businesses have paid more than $16.6 million in spam penalties over the past 18 months. The watchdog says cracking down on spam and telco scams remains an enduring compliance priority for 2025–26.
The regulator has also published a statement of expectations on consent in e‑marketing to help businesses comply with the Spam Act, which requires consent, sender identification and a functioning unsubscribe facility for commercial messages.
Consumers can lodge spam complaints and find guidance on reducing unwanted emails, texts and calls via the ACMA’s website.
