This article gives a concise, evidence based explanation of the ACMA action that resulted in PointsBet Australia paying an A$500,800 infringement notice in 2024. It outlines which parts of the Spam Act 2003 were involved, what consumers can do if they receive unsolicited gambling marketing, and practical compliance steps operators should take. The piece summarises regulator findings and independent reporting, then provides a short checklist for compliance teams and simple actions for consumers. It is aimed at sports fans and informed consumers, as well as compliance staff at wagering operators who need to understand the practical implications of the ruling.

ACMA found PointsBet paid A$500,800 and entered an enforceable undertaking for Spam Act breaches.

Key failures involved sending e marketing without valid consent and broken or non functional unsubscribe links.

Consumers should document messages, attempt to unsubscribe, and complain to ACMA if problems continue.

Quick answer: Was PointsBet fined for spamming customers?

Yes. In 2024 PointsBet Australia paid an A$500,800 infringement notice and entered a court enforceable undertaking after ACMA found breaches of the Spam Act 2003 related to consent and unsubscribe requirements, a result that was publicly announced by the regulator and covered in independent reporting ACMA announcement.

This outcome matters because the Spam Act requires valid consent for commercial electronic messages and a working unsubscribe function; failures on those basics can lead to penalties and formal undertakings that require system fixes and monitoring.

What ACMA found and how the A$500,800 outcome came about

ACMA's published action states that PointsBet Australia paid an A$500,800 infringement notice in 2024 and agreed to a court enforceable undertaking after the regulator found the company sent e marketing without valid consent and without a functioning unsubscribe mechanism in some instances ACMA announcement.

Learn how to document unsolicited messages and report them

Document unsolicited messages and keep a record of unsubscribe attempts. ACMA accepts complaints about unresolved spam issues.

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The investigation and enforcement process is administrative and focused on whether the statutory requirements under the Spam Act were met. The regulator uses evidence about how messages were sent, whether recipients had given consent, and whether an unsubscribe facility worked as required to form its view, and those findings were summarised by independent reporting when the penalty was announced Reuters coverage and in wider industry coverage Mediaweek.

PointsBet publicly said it would cooperate and strengthen its compliance processes, and the enforceable undertaking requires steps the company must take to improve its systems and reporting to ACMA as part of the remedy for the breaches The Guardian summary and in further industry reporting EGR.

Exactly which Spam Act rules did PointsBet breach?

The Spam Act 2003 sets two central requirements for commercial electronic messages. First, messages must be sent with valid consent from the recipient, which can be express or inferred in limited circumstances. ACMA's published guidance explains how consent should be captured and maintained and why this is a threshold condition for lawful e marketing ACMA guidance on spam.

Was PointsBet fined A$500,800 for sending unsolicited gambling marketing?

Yes. In 2024 ACMA announced PointsBet Australia paid an A$500,800 infringement notice and entered a court enforceable undertaking after finding breaches of consent and unsubscribe requirements under the Spam Act 2003.

Second, every commercial electronic message must contain a functional, easy to use unsubscribe facility. ACMA assesses whether an unsubscribe option genuinely allows recipients to opt out; if links are broken or opt out requests are not respected, that failure can itself be a breach, regardless of the message content ACMA guidance on spam.

ACMA does not base enforcement solely on whether an ad is promotional. Instead the regulator tests compliance with the statutory controls for consent and unsubscribe. In PointsBet's case the regulator identified failures on those mechanics, which is the factual basis for the infringement notice and the subsequent undertaking ACMA announcement.

How consumers can check their rights and lodge complaints

Close up of a smartphone email showing a highlighted broken unsubscribe link on a dark Funded Plays style background mentioning wynnbet

If you received an unsolicited gambling marketing message, the first practical step is to document it. Save the message, note the date and time, and take a screenshot or export the email. Record whether the message included an unsubscribe link and whether that link worked when you used it, because these details form the basis of a complaint to the regulator ACMA complaints guidance.

Try the unsubscribe option before you complain. ACMA's process expects consumers to attempt to opt out first. If the unsubscribe facility is broken or opt out requests are ignored, collect the evidence and follow ACMA's complaint pathway online, where the regulator explains how to submit examples and what information is helpful for an assessment ACMA complaints guidance.

When lodging a complaint include the original message, time stamps, and any correspondence or confirmation from the sender. That documentation helps ACMA establish whether consent was present and whether unsubscribe requests were honoured, which are the central issues in Spam Act enforcement ACMA guidance on spam.

What this ruling means for operators such as wynnbet

ACMA's action against PointsBet signals that regulators continue to prioritize digital marketing compliance across wagering operators, and firms like wynnbet should treat consent capture and unsubscribe controls as business critical to avoid similar enforcement and reputational harm ACMA annual report.

Operationally, operators must keep clear, auditable consent records for each recipient and ensure unsubscribe links are tested and monitored in production flows. Failures in those controls are among the most common triggers for enforcement, as seen in the PointsBet matter where consent and unsubscribe issues were central to the finding ACMA announcement.

For compliance teams the ruling also highlights reputational risk. Even where a message is lawful in content, mechanical breaches can lead to penalties and public notices that attract media attention. That outcome matters to customer trust and to market perception for any wagering operator that relies on direct digital marketing channels Reuters coverage and additional coverage Sigma.

Compliance framework and a simple operational checklist for operators

Operators can reduce risk by building a targeted compliance framework that focuses on consent capture, unsubscribe reliability, monitoring, and incident response. Start with clear ownership, documented processes, and technical checks that validate user preferences at send time ACMA guidance on spam.

basic operational checklist to reduce spam risk

Consent capture
Unsubscribe testing
Audit schedule
Incident response

Test monthly

Key controls in a checklist should include strict rules for adding recipients to marketing lists, automated functional tests of unsubscribe links across common email clients and devices, scheduled independent audits of consent records, and a clear incident response path that records remedial steps and communication with the regulator if required ACMA annual report.

Automated monitoring can detect broken unsubscribe links or sends to accounts that lack consent flags. That monitoring should trigger immediate quarantining of the sending flow and a short remediation plan, because prompt action reduces exposure and is likely to be a positive factor if ACMA investigates ACMA guidance on spam.

Common mistakes, real examples and what consumers should watch for

Typical technical and process failures include stale consent records where past opt ins were not recorded correctly, broken unsubscribe links, and messages sent to lists purchased from third parties that do not carry lawful consent. These failures are consistent with the types of breaches ACMA identified when it issued the infringement notice to PointsBet ACMA announcement.

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Consumers can do quick checks when they receive a marketing message. Look for a clear sender identity, a visible unsubscribe link, and a working opt out path. If the unsubscribe link redirects to an error page or the opt out confirmation does not arrive, keep copies of the message and any screenshots to support a complaint ACMA guidance on spam.

Independent reporting of the PointsBet action also highlighted how public scrutiny follows regulator enforcement, so consumers who experience repeated unwanted messages should escalate their complaints to ACMA after attempting to unsubscribe Reuters coverage and in further coverage Sigma.

Conclusion: key takeaways and next steps for readers

PointsBet paid an A$500,800 infringement notice and entered a court enforceable undertaking after ACMA found breaches of consent and unsubscribe requirements under the Spam Act 2003, a matter the regulator announced and that was covered in independent reporting ACMA announcement.

Consumers who receive unsolicited gambling marketing should document messages, try the unsubscribe option and, if problems persist, lodge a complaint with ACMA using its online guidance. Operators should treat these controls as core business responsibilities and consider independent audits rather than assuming systems are compliant ACMA complaints guidance.

Can I complain if I keep getting gambling marketing I did not ask for?

Yes. Try to unsubscribe first, document the message and any failed opt out attempts, then lodge a complaint with ACMA using their online complaint process.

Does an unsubscribe link always prevent enforcement action?

No. The link must be functional and opt out requests must be respected; a broken or ignored unsubscribe can still lead to enforcement under the Spam Act.

Will ACMA penalties apply outside Australia?

ACMA's enforcement applies to messages covered by Australian law and to entities operating in or targeting Australian recipients; other jurisdictions have their own rules.

Regulatory enforcement around digital marketing is practical and focused on basic controls such as consent and unsubscribe functionality. For consumers, evidence matters: keep records and use ACMA's complaint channels if necessary. For operators, invest in routine testing and independent checks rather than waiting for incidents to trigger fixes.