An online bookmaker that sent hundreds of marketing messages to people on the self-exclusion register has avoided a financial penalty, but has paid a $500,000 fine for sending spam to customers.
PointsBet contravened laws relating to BetStop - the national self-exclusion register, by delaying closing accounts of customers who had registered and sending marketing messages to self-excluded people.
It also sent more than 800 messages that breached Australia's e-marketing laws, an investigation by the Australian Communications and Media Authority found.
ACMA said a financial penalty was "not available" for the NSER breaches due to the "complex and novel matters investigated" and PoinstBet would instead be subject to "comprehensive court-enforceable undertakings".
"A failure to comply with an enforceable undertaking can lead to court-ordered financial penalties," ACMA said in a statement.
The investigation found PointsBet sent 508 marketing messages to self-excluded individuals in August and September 2023.
By law, people registered with the NSER must not be sent marketing materials from a licensed wagering service.
There were "no excuses" for gambling companies that fail to understand their legal obligations given the risks to people experiencing gambling harms, ACMA Chair Nerida O'Loughlin said.
"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," she said.
People signing up to the NSER were taking positive steps and and their decision "must not be compromised by companies like PointsBet", Ms O'Loughlin said
ACMA found that no excluded customers were able to place bets with PointsBet during the period investigated.
The undertakings commit PointsBet to reviews of its compliance with spam and NSER laws, actioning any recommended improvements and providing regular training for all relevant staff.
"This action should serve as a warning to all wagering providers that they must meet their legal obligations or face the consequences," Ms O'Loughlin said.
PointsBet was fined $500,800 for 705 emails sent in 2023 that contained a direct link to its betting products without including an "unsubscribe" function.
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