ACMA Hits PointsBet with Over $300K Penalty

PointsBet is facing major consequences in Australia after being found in breach of both spam and self-exclusion laws. The Australian Communications and Media Authority (ACMA) has imposed a penalty of AU$500,800 ($321,706), citing hundreds of illegal marketing messages and violations of rules protecting vulnerable users.

Good to know

• PointsBet sent more than 800 marketing messages in breach of spam laws.
• Over 500 of those messages went to self-excluded individuals.
• The company has agreed to improve internal processes and staff training.

ACMA launched its investigation after discovering that PointsBet had sent 705 marketing emails between September and November 2023, all promoting betting services but without offering an unsubscribe option. The emails were incorrectly labeled as non-commercial, but because they linked directly to gambling products, they fell under Australia’s spam laws.

In addition to the emails, the regulator flagged seven more sent without consent and another 90 text messages that lacked any sender contact details—another breach of basic compliance standards.

Breaches of the self-exclusion system

ACMA found that PointsBet also contacted individuals who had taken active steps to block access to gambling. According to its investigation, the company sent 508 promotional messages to people listed on the National Self-Exclusion Register (NSER) in August and September 2023.

Under NSER rules, operators are not allowed to contact registered individuals for any marketing purpose. ACMA ruled that PointsBet had clearly violated these conditions.

ACMA Chair Nerida O’Loughlin did not hold back in her criticism of PointsBet. She said the failures were especially serious because they involved people trying to remove gambling from their lives.

“It is deeply concerning that these failures have impacted PointsBet’s customers, some of whom had taken proactive steps to exclude themselves from online wagering,” said O’Loughlin. She added that companies must recognize when their messages promote gambling services and follow the rules, including highlighting the self-exclusion register.

No bets placed but rules still broken

ACMA confirmed that no self-excluded customers managed to place bets with PointsBet during the period under investigation. The system successfully blocked gambling access—but the marketing messages alone were enough to trigger a regulatory response.

PointsBet has accepted court-enforceable undertakings to review its practices and improve compliance. The company has also committed to staff training and regular audits to prevent similar problems in the future.

O’Loughlin made it clear that regulators are paying attention. She warned other providers that failure to follow the law would not be tolerated.

“We will closely monitor PointsBet’s compliance with its undertakings and with the spam and NSER laws,” she said, noting that the case serves as a clear warning to the wider industry.