Betfair has been fined $871,660 by the Australian Communications and Media Authority (ACMA) after sending unlawful promotional messages to members of its VIP program without proper consent.
An ACMA investigation found Betfair sent 148 marketing emails and text messages between March and December 2024 to customers who had either not consented or had withdrawn their consent. A further six messages were found to lack an unsubscribe option, breaching Australia’s Spam Act.
The messages included inducements such as account deposit offers and complimentary event tickets targeted at VIP members — a practice the ACMA said was both irresponsible and non-compliant.
“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,” said ACMA Authority Member Samantha Yorke.
“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.”
Yorke added that despite the Spam Act being in place for over 20 years, businesses continue to disregard customer rights: “It is simply unacceptable.”
In addition to the financial penalty, Betfair has entered a two-year court-enforceable undertaking. It requires the company to conduct an independent review of its marketing practices, deliver staff training, carry out quarterly audits, and report regularly to the ACMA.
“This is the second recent ACMA enforcement action concerning VIP customers in the gambling sector,” Yorke said. “Providers are on notice that they need to have their compliance systems in order.”
Over the past 18 months, Australian businesses have paid more than $16.6 million in spam-related penalties. Combating spam and telecommunications scams remains a compliance priority for the ACMA in 2025–26.
The Authority has also released a new statement of expectations on consent in electronic marketing to help businesses understand their obligations under the law.
Consumers can lodge spam complaints or learn how to reduce unwanted messages by visiting the ACMA website.