Online bookmaker O'Shea Bookmaking Pty Ltd, trading as TexBet, has been fined $33,000 for sending gambling ads and accepting new bets from a customer who had tried to close their betting account.
O’Shea Bookmaking was sentenced in the Downing Centre Local Court on Wednesday 25 September for offences under the Betting and Racing Act 1998 (NSW).
This is the first time that an online betting agency has been fined in NSW for the offences of direct marketing without consent and failing to close a betting account on request, which came into effect in 2019.
Liquor & Gaming NSW investigated a complaint made by a former TexBet customer who withdrew their consent to receive gambling ads and requested that their betting account be closed in May 2022.
Despite this, TexBet sent the customer four gambling ads via text message and accepted 75 new bets from them after the date.
Liquor & Gaming NSW Executive Director Regulatory Operations Jane Lin said TexBet’s actions were serious breaches of the state’s gaming laws.
“By engaging in this behaviour TexBet has broken a law that was put in place to protect vulnerable people who are trying to exclude themselves from gambling,” Ms Lin said.
“These laws were specifically developed to reduce the risk of gambling harm by requiring online betting businesses to make it simple for people experiencing harm to self-exclude and opt not to receive ads about gambling products.
“We know that direct marketing of gambling inducements can cause an increase in betting, betting expenditure and gambling-related harm.
“Not only has TexBet broken the law, but it also placed this individual at greater risk of further gambling harm by sending them ads and accepting their bets after they specifically requested for their account to be closed and not to receive gambling ads.
“Online betting businesses that operate in NSW need to ensure they have robust systems in place to prevent direct advertising to people who have opted out. If they fail to abide by NSW gambling laws they should expect to be caught and prosecuted.”
