ACMA fined Betfair for illegal marketing mailings to VIP customers - the essence of the punishment and the requirements of the regulator

The Australian communications and media regulator has ruled against Betfair Pty Limited: the company has been awarded a financial sanction of AU$871,660 for violating the requirements of the Spam Act.

The investigation found that between March and December 2024, Betfair sent 148 commercial emails and SMS messages to members of its VIP programme - including people who either did not consent to such mailings or withdrew it earlier. In a number of messages, the unsubscribe option was not provided.

In addition to the fine, Betfair signed a two-year court-enforceable undertaking. It included commitments to fund independent audits of marketing campaigns, implement technical and process fixes, conduct comprehensive employee training, conduct quarterly internal audits, and report regularly to the ACMA on the work done.

In its statements, the ACMA made it clear that VIP status does not give the right to circumvent consumer protection laws. Commission member Samantha York stressed that loyalty programs are focused on retaining high-stakes players, but this does not make them financially secure - non-consent mailings are especially unacceptable for such an audience.

The case is part of a broader ACMA campaign to crack down on inappropriate commercial messaging: in the past year and a half alone, the regulator and courts have imposed fines totaling tens of millions of Australian dollars, according to media publications. This is a signal to business: control over marketing in the field of gambling is now tightened.

For players, it is a reminder of the right to control mailings: consent can be withdrawn, and violation of this right is a reason for a complaint to the ACMA and grounds for compensation. For operators, this is a clear example of the fact that targeting the VIP audience does not exempt from the application of general communication rules and that mistakes in CRM processes will have to be paid not only in money, but also in the introduction of external control and reputational losses.