Flutter Entertainment’s Betfair brand has been fined AU$871,660 (approx. €490,338) for sending commercial messages to its VIP customers that did not comply with Australia’s spam laws.

An investigation by the Australian Communications and Media Authority (ACMA) found that Betfair had sent 148 emails and text messages between March and December 2024 to customers who had not consented, or had withdrawn their consent, to receive such messages.

The investigation also found that Betfair sent six text messages and emails over the same period that did not contain an option for customers to unsubscribe.

These messages were sent to members of a Betfair VIP program, offering inducements such as account deposits and free tickets to events.

Authority member Samantha Yorke said the ACMA has no tolerance for non-compliance with the Spam Act in the gambling sector, including where messages target VIP customers.

“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,” Yorke said. “Sending promotional gambling messages to these customers without consent or with no option to opt-out is incredibly irresponsible in addition to being non-compliant.

“The spam laws have been in place for over twenty years and it is simply unacceptable for businesses not to respect the rights of their customers.”

Betfair has also entered into a two-year court-enforceable undertaking that will require the operator to invest in an independent review of its marketing messages and implement improvements, as well as undertake staff training, quarterly internal audits and report to the ACMA on a regular basis.

“This is the second recent ACMA enforcement action concerning VIP customers in the gambling sector. Providers are on notice that they need to have their compliance systems in order,” added Yorke.

According to the ACMA, Australian businesses have paid over $16.6 million in spam penalties in the last 18 months, with Tabcorp the first gambling operator to be fined.

Shares in Betfair parent company Flutter Entertainment plc (NYSE:FLUT) closed 0.33 per cent lower at $305.24 per share in New York Tuesday.