Online gambling provider BetDeluxe has been fined AU$50,172 (€32,164) by the Australian Communications and Media Authority (ACMA) following complaints that it had sent out SMS offers that failed to comply with the regulator’s unsubscribing rules.
According to the ACMA, sole trader Noah Rose, trading as BetDeluxe, sent over 104,000 SMS offers that did not feature an unsubscribe function. There were also 820,000 messages that did not include the sender’s contact details.
Between December 2021 and February 2022, text messages were circulated that advertised a “cheeky punt” and “VIP service” for sports and racing. These messages also promoted bonus bets and money-back offers.
ACMA Chair Nerida O’Loughlin said of the infringements:
“We received complaints from a significant number of people, with many expressing their frustration about receiving promotions for gambling. Any spam can be annoying, but when gambling is involved the risk of financial and emotional harm can be pronounced, so it’s important that wagering operators take compliance very seriously.”
Following the investigation, BetDeluxe gave a two-year court-enforceable undertaking to the ACMA, committing to an independent review of its e-marketing practices and making necessary improvements. The company is also required to provide regular compliance reports to the ACMA and train its staff on spam prevention.
Ms O’Loughlin added:
“We will be closely monitoring BetDeluxe’s compliance and the legally binding commitments it has made to the ACMA.”
This is the second time in a year that the ACMA has taken action against an online wagering provider for spam violations. In February 2022, Sportsbet faced an ACMA investigation that resulted in the company paying AU$3.7 million (€2.3 million) in penalties and customer refunds.