Betfair Fined A$871K for Spam Violations Targeting VIP Gamblers

Betfair Pty Ltd has paid a penalty of A$871,660 after breaching Australia’s longstanding spam regulations by sending unauthorized promotional content to members of its VIP program. The Australian Communications and Media Authority (ACMA) found that the gambling operator issued hundreds of marketing messages to customers who either had not provided consent or had withdrawn their consent to receive such communications.

The violations took place between March and December 2024, during which Betfair dispatched 148 emails and SMS messages to individuals enrolled in its VIP scheme. These messages promoted perks such as free event tickets and bonus account deposits aimed at retaining high-value players. However, according to the ACMA’s findings, Betfair failed to secure appropriate permissions for these communications and, in six instances, also omitted a mandatory unsubscribe option.

The ACMA emphasized that inclusion in a VIP program does not diminish a customer’s right to opt out of marketing or negate the importance of consent. Authority member Samantha Yorke underscored the seriousness of the infraction, stating:
“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. 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 Act 2003 mandates that marketing communications can only be sent with clear, informed consent and must always provide a functional opt-out mechanism. Betfair’s conduct represented a clear breach of these obligations, with Yorke warning that gambling businesses must uphold robust compliance systems — especially when targeting customers who may be more vulnerable to gambling harms.

In addition to paying the fine, Betfair has entered a two-year, court-enforceable undertaking with the regulator. The agreement compels the company to implement a series of corrective actions. These include:

• An independent review of its digital marketing operations
• Mandatory staff training focused on regulatory compliance
• Quarterly internal audits
• Regular reporting to the ACMA over the two-year period

These steps aim to address systemic weaknesses in Betfair’s marketing governance and to ensure future adherence to spam legislation.

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The action against Betfair marks the second major enforcement move by the ACMA in 2025 involving gambling companies and spam violations. In May, PointsBet was fined A$500,000 for sending marketing messages to individuals who had self-excluded from gambling platforms. In June, Tab faced a significantly larger A$4 million fine for similar non-compliance.

Over the past 18 months, the ACMA has collected more than A$16.6 million in penalties across various industries for spam law breaches, highlighting a tougher regulatory stance. The authority reiterated that the Spam Act has been in place for over two decades, leaving no room for companies and online casinos to claim ignorance or rely on outdated systems for managing consent.

As part of its regulatory strategy for 2025–26, the ACMA has pledged to maintain spam compliance and telecommunications scams as an enforcement priority. It has also issued updated guidance for businesses, emphasizing proper consent management in digital marketing.

“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,” Yorke said.

Source:

Betfair pays $871k for VIP customer spam breaches, acma.gov.au, July 2025