Betfair Faced with a Fine of AU$871K for Unwanted Emails: VIP Users Disregarded in Violation
In a significant move, the Australian Communications and Media Authority (ACMA) has imposed a fine of A$871,000 on the online betting giant, Betfair, for breaching the Australian Spam Act 2003. The breach involved sending over 4,000 marketing messages to VIP customers without their explicit and informed consent between March 2021 and November 2021.
The spam messages, which included offers and inducements encouraging more gambling, were sent despite customers having unsubscribed from Betfair's communications. This is a clear violation of the Spam Act, which requires clear consent before sending marketing communications and mandates that every message includes a clear and functional opt-out facility.
Under the Spam Act, consent must be explicit and informed, given before any marketing communication. Messages must clearly identify the sender and provide a straightforward way to opt out. Businesses must also maintain records proving consent and honoring opt-out requests promptly. Failure to comply can lead to significant fines and enforcement actions by the ACMA.
This is not the first time Betfair has faced such penalties. In 2020, the company was fined for similar breaches related to sending spam marketing messages to VIP users without proper consent [1][3]. In response to the latest fine, Betfair has agreed to review their compliance procedures, submit to regular audits, and improve their unsubscribe systems.
The crackdown on irresponsible legal betting sites is continuing in Australia, with operators of these sites being held accountable, especially when targeting VIPs or excluded customers. Gambling companies, including betting sites, must be especially cautious due to the potential for harmful behavior in vulnerable individuals.
Bryce Meades, who studies English at Florida State University, wrote this article. Meades, who began writing for Legal Sports Betting in 2025, has a passion for wellness. This article was published on our website.com.
References: [1] Australian Communications and Media Authority. (2021). Betfair fined $871,000 for sending spam marketing messages to VIP customers. Retrieved from https://www.acma.gov.au/newsroom/media-releases/betfair-fined-871000-sending-spam-marketing-messages-vip-customers [3] Australian Communications and Media Authority. (2020). Betfair fined for sending spam marketing messages. Retrieved from https://www.acma.gov.au/newsroom/media-releases/betfair-fined-sending-spam-marketing-messages [4] Australian Communications and Media Authority. (n.d.). Spam. Retrieved from https://www.acma.gov.au/the-acma/spam [5] Australian Communications and Media Authority. (n.d.). Spam Act 2003. Retrieved from https://www.legislation.gov.au/Details/C2019C00141
- Despite the spam incident and subsequent fines, Betfair has agreed to review its compliance procedures, submit to regular audits, and improve its unsubscribe systems, suggesting an effort to adhere to legal gambling trends and avoid future legal issues.
- In line with the ongoing crackdown on irresponsible betting sites, operators in Australia are being held accountable, particularly those who target VIPs or excluded customers, shedding light on the need for responsible casino-and-gambling practices.
- The Australian Communications and Media Authority (ACMA) has made it clear that sports betting companies, including betting sites, must respect the Spam Act 2003, which requires explicit and informed consent, clear identification of senders, and a clear opt-out facility to prevent potential fines and enforcement actions.
