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It is important to stress that the Commission has not published detailed findings or established that breaches occurred. Customers can still access their accounts and withdraw funds. Following the closures the sites still provided messaging about the suspended licences.
Even so, suspension is an unusually forceful intervention.
“In my experience, where compliance concerns can be satisfactorily addressed without suspending an operator’s licence, the Commission may allow the operator to implement remedial measures or an action plan while continuing to trade,” says Richard Williams, partner at Keystone Law, speaking before the news of the collapse of the businesses.
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Tabcorp Holdings Limited, one of Australia’s largest wagering and media companies was also fined more than AU$2.7 million earlier this year. ACMA clarified that Tabcorp had violated telemarketing and spam regulations over a 16-month period.
It had sent over 217,000 marketing emails and SMS messages within a 16-day window to customers who had explicitly unsubscribed. ACMA regarded the volume and timing of these messages as significant enough to warrant enforcement action.
In response to the penalties, Dabble Sports has agreed to a two-year court-enforceable undertaking. It has obliged the company to commission an independent review of its compliance systems. Dabble must develop a board-approved plan to implement these changes with appropriate resources.
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The company also highlighted its own research that suggests over 80% of consumers cannot “confidently distinguish” licensed operators from unlicensed ones.
Stella David, Entain’s CEO, called for the government to move ahead with the ban immediately, arguing clubs were already aware of the planned changes.
“Premier League clubs that have struck new deals with unlicensed gambling operators knew the risks,” she said. “The government made clear in February that it would bring in a ban and it should do so immediately: even if that means clubs ordering new kit mid-season.
