Fast code class action heads to trial on Monday

A class action seeking refunds for Sportsbet customers who lost money using the company’s Fast Code in-play betting service is scheduled to begin in the Supreme Court of Victoria on Monday.

The proceeding was filed by Maurice Blackburn Lawyers in late 2024 against Sportsbet on behalf of people who placed one or more losing in-play bets through the Fast Code service between December 2018 and December 2024. The litigation is being funded by Litigation Lending Services (LLS).

The trial before Justice Robert Craig is expected to run for three weeks and will examine the legality of in-play bets, also known as live bets, placed after sporting events had commenced.

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 said.

Senior Sportsbet executives are expected to give evidence during the hearing.

Sportsbet’s Fast Code service allowed customers to select a wager through the company’s app or website, receive a short code linked to the bet, and then recite that code in a follow-up telephone call to complete the transaction.

ACMA ruled in 2023 that the use of fast codes was a breach of the Interactive Gambling Act.

The class action seeks refunds for bets placed using the product with Maurice Blackburn alleging the Fast Code service did not comply with Australian gambling laws requiring in-play bets to be made wholly by telephone.

The firm also alleges Sportsbet represented the service as lawful when it was not, amounting to misleading or deceptive conduct. Sportsbet denies the allegations.

Maurice Blackburn principal Elizabeth O’Shea said the case would examine important consumer protection issues and determine whether customers who used the service should be entitled to recover their losses.

“This case is about whether Sportsbet customers who used a betting service that we allege was unlawful, and whether those customers should get their money back,” Ms O’Shea said.

“Betting on a sporting event after the event commences is prohibited in Australia, unless the bet is made wholly by telephone. We allege Sportsbet’s Fast Code service did not meet that requirement because key information about the bet was communicated through the app or website.

“We also allege Sportsbet represented to customers that the Fast Code service was legal, and we say that this conduct was misleading or deceptive. Sportsbet denies the allegations, and those issues will now be tested at trial.”