Regulators crack down on non-compliant marketing practices targeting VIP gamblers
ACMA Targets Unlawful Marketing Tactics
Betfair has been ordered to pay AUS$871,660 (US$567,082) after breaching Australia’s strict spam regulations. The Australian Communications and Media Authority (ACMA) found that the operator sent 148 promotional emails and SMS messages to customers between March and December 2024 without obtaining proper consent. Some recipients had even withdrawn their consent, making the violations more severe.
Adding to the infractions, six of the messages failed to include an unsubscribe option, a mandatory feature under Australia’s spam laws, which have been in effect for more than two decades. These messages primarily targeted VIP customers with offers such as free tickets to events, prompting regulatory concern about the potential exploitation of high-spending bettors.
Regulators Warn Against Exploiting VIP Players
ACMA member Samantha Yorke criticised the operator’s actions, highlighting the risks associated with VIP marketing schemes.
“VIP programs are generally designed to attract and retain customers with high betting activity,” Yorke noted. “However, this doesn’t mean VIP customers are well off or can afford losses.”
This statement underscores regulators’ increasing scrutiny of responsible gambling practices, particularly when high-value customers are involved.
Rising Enforcement and Industry Impact
The ACMA has intensified its enforcement efforts in recent years, issuing AUS$16.6m in fines over the past 18 months for spam law violations. Notably, in June 2025, Tabcorp received a record AUS$4m penalty for large-scale breaches of similar rules. The Betfair case further reinforces that compliance failures carry both financial and reputational consequences.
Court-Enforceable Program to Overhaul Practices
Beyond the fine, Betfair has been placed under a two-year court-enforceable undertaking, compelling the operator to:
Conduct independent reviews of its marketing campaigns,
Provide quarterly internal audit reports to ACMA,
Deliver comprehensive staff training on spam law compliance.
These measures aim to prevent future violations while holding Betfair accountable to higher operational standards.
Conclusion: A Warning for the Industry
The penalty against Betfair sends a strong message to the gambling sector: regulatory compliance cannot be overlooked, especially in marketing practices targeting vulnerable groups. With ACMA tightening its enforcement and fines escalating, operators must ensure their communication strategies strictly adhere to consent and transparency requirements—or risk costly repercussions.
