Betfair’s AU$871,660 Spam Fine Puts Gambling Marketers on Notice

Australia’s communications watchdog has sent a clear message to gambling operators: VIP programmes are not exempt from spam laws. On 30 July 2025 the Australian Communications and Media Authority (ACMA) announced that Betfair Pty Ltd, the country’s largest betting exchange, agreed to pay an AU$871,660 penalty after an investigation found it sent hundreds of promotional emails and text messages to high‑value customers without proper consent.

According to the ACMA, Betfair contacted VIP players on 148 occasions between March and December 2024 even though those customers had not given permission or had actively opted out of marketing communications. A further six messages lacked an unsubscribe option, another breach of Australia’s Spam Act. The content included inducements such as deposit bonuses and complimentary event tickets—offers designed to encourage continued betting from clients who already wager at high levels.

“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. She called Betfair’s marketing “incredibly irresponsible” because it removed customers’ ability to opt out and stressed that gambling businesses must respect the rights of all customers, regardless of their status.

In addition to the financial penalty, Betfair has entered into a two‑year court‑enforceable undertaking requiring it to overhaul its marketing practices. The company will commission an independent review of its messaging systems, introduce staff training on spam compliance, conduct quarterly internal audits and report regularly to the ACMA. Yorke noted that this is the second enforcement action targeting VIP communications this year, and warned that operators must ensure their compliance systems are up to date.

The ACMA’s crackdown forms part of a broader regulatory push against spam and unregulated marketing. Over the past 18 months Australian businesses have paid more than AU$16.6 million in spam‑related penalties. The Authority recently published a statement of expectations on consent to help marketers understand their obligations.

For betting exchanges and online casinos, VIP programs are critical revenue drivers. They reward high‑volume bettors with perks and personalised service. However, the Betfair case illustrates that these schemes cannot sidestep laws that protect consumers from unwanted messages and predatory marketing. By emphasising that consent is required regardless of customer status and that unsubscribe options must be clear, regulators are signaling a zero‑tolerance approach to spam within the gambling sector.

The penalty also underscores the reputational risks associated with aggressive marketing practices. While AU$871,660 may not dent Betfair’s global balance sheet, the public nature of the fine serves as a deterrent to other operators. Companies that rely on high‑value players should review their email and SMS policies, implement robust consent management and train staff on applicable legislation.

With digital communication channels proliferating, data privacy and customer protection are becoming key differentiators. Regulators around the world are tightening rules on targeted advertising, while consumers are increasingly aware of their rights to opt out of promotional messaging. Gambling firms that adopt transparent, permission‑based marketing not only avoid fines but also build trust with players who may otherwise feel exploited.

Betfair’s misstep is a reminder that responsible marketing is not optional. By following the ACMA’s guidelines and investing in compliance, operators can maintain profitable VIP programmes without crossing legal lines. For the wider industry, the takeaway is simple: respect your customers’ inboxes, and you’ll protect your bottom line.