Sole trader Noah Rose, trading as BetDeluxe, has paid a $50,172 infringement notice as part of the Australian Communications and Media Authority’s (ACMA) crackdown on spam-unsubscribing rules.
An ACMA investigation found BetDeluxe sent over 104,000 SMS without an unsubscribe function and more than 820,000 SMS that did not contain the sender’s contact details.
The SMS, sent between December 2021 and February 2022, advertised a “cheeky punt” and “VIP service” on sports and racing, and promoted bonus bets and money-back offers.
ACMA Chair Nerida O’Loughlin said it is unacceptable to send commercial messages with no way for consumers to opt out.
“We received complaints from a significant number of people, with many expressing their frustration about receiving promotions for gambling,” she said.
“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.”
The ACMA has also accepted a two-year court-enforceable undertaking from BetDeluxe committing the business to an independent review of its e-marketing practices, and to make improvements where required. BetDeluxe must also give regular compliance reports to the ACMA and provide spam training to its staff.
“We will be closely monitoring BetDeluxe’s compliance and the legally binding commitments it has made to the ACMA,” Ms O’Loughlin said.
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