Class action against Sportsbet builds, in-play punters set for automatic inclusion

Australia’s largest online bookmaker, Sportsbet, has been directed to send out messages to thousands of customers, letting them know they may be a party to a class action against the wagering giant involving accusations of a breach of Australian law regarding in-play betting.

Any customer who used the “fast codes system” to place an in-play bet between December 24, 2018 and December 24, 2024, is being contacted to advise them they may be a group member in the class action being spearheaded by Maurice Blackburn in the Supreme Court of Victoria.  

The Court ordered in October that Sportsbet contact all customers who utilised the service to inform them that they will be considered part of the class action unless they opt out by February 13.

Because of the opt-out approach, the original case, brought by plaintiff Jeremy Bergman in 2024, could now involve thousands of people.

“Unless a group member opts out, they are automatically covered by the class action even if they did not take any active steps to join it,” the Court notice says.

Sportsbet customers began reporting on Monday that they had received correspondence from the bookmaker regarding the class action.

The Sportsbet Class Action alleges that Sportsbet’s use of fast codes for the placing of live bets on sporting events is a breach of the federal Interactive Gambling Act (IGA). Sportsbet denies the allegations and is defending the claim.

The class action seeks a refund of all live bets on sporting events placed using a fast code over the six-year period. It has not been revealed what the volume of money involved would be, or what a potentially adverse ruling would cost Sportsbet.

Under the IGA, placing a wager on a sporting event after it has commenced is unlawful in Australia, unless the bet is made by telephone.

It is alleged that Sportsbet has engaged in misleading and deceptive conduct by representing that the product was legal, breaching its fast code service terms and conditions.

Those conditions stated that Sportsbet complies with the IGA in not accepting live betting via the internet, but may do so via telephone.

Sportsbet denies that its conduct was spurious and will defend that in the Supreme Court.

The court notice states that customers who opt out are free to pursue their own legal action, while those who are part of the class action will not incur any out-of-pocket costs.

Under a group costs order, any legal fees payable to Maurice Blackburn will be 33 per cent of the amount of monetary compensation recovered for the group members through any successful settlement or judgment.

The class action does not seek compensation for other losses a person may have suffered because of in-play betting or gambling with Sportsbet more generally. 

Part of Sportsbet’s counterclaim is that if the lawsuit succeeds, any participants in the class action would have to repay any winnings they had from using the fast codes service.

In the initial claim lodged by Maurice Blackburn in December 2024, lead plaintiff Jeremy Bergman has claimed he lost $2307 using the fast codes service between August 2019 and December 2021.