Legal advice sought – online gambling regulations

[GeorgeRoper]

I'm hoping someone of a legal bent might be kind enough to share their wisdom with me.

It's like this...

Some time ago, I lost a considerable sum of money playing one of the virtual racing games on an online bookmakers' site.

Said bookmaker was regulated by the Isle of Man Gambling Supervision Commission under a licence issued under its Online Gambling Regulation Act 2001.

Anyway, to cut a long story short, that act demands that any such game must display the Return To Player [RTP]:

[7] The System must be able to display for each Game or Lottery, as the case may be, the following information on the current page or on a page directly accessible from the current page via a hyperlink:
[g] pursuant to the testing of the System, the percentage of total sums returned to Participant in relation to all house Games or Lottery, as the case may be, offered by the Operator.

The Online Gambling Regulation Act 2001
The Online Gambling [Systems Verification] [No.2]Regulations 2007

Due to an oversight on the part of the bookmakers, at the time I played this particular game no such information was on display. Now, while I'm not suggesting that had this information been available, as it should have been, I would not have played the game, I can't help but wonder where, exactly, from a legal perspective this oversight might leave me.

I appreciate this may be wishful thinking on my part, hence why I'm on here asking for opinions of those who know rather more about these things than me, but couldn't help wondering if a case could be made that this rendered the game unlawful and, that being the case, for me to seek reimbursement of my losses?!

I fully anticipate there will be those who think I am clutching at straws and should take my medicine and it may well be that is what I have to do but, at the same time, I would be most grateful for the thoughts of anyone with some legal expertise.

Thanks in anticipation
GeorgeRoper

[charitynjw]

Re: Legal advice sought – online gambling regulations

Hi GeorgeRoper, & welcome to Legal Beagles.

I don't really know enough about this subject, so I will leave it to others.

(But I bet you can't make a claim...........Lol, sorry, couldn't resist!......... I'll get me coat, shall I? :bolt

[bluebottle]

Re: Legal advice sought – online gambling regulations

Have you contacted the Isle of Man Gambling Supervision Commission? If not, it might be a good idea to do so. I cannot guarantee you will get anywhere, but if this online bookmaker is breaking any regulations, at least the Commission can do something about it.

[CleverClogs]

Re: Legal advice sought – online gambling regulations

I lost a considerable sum of money playing one of the virtual racing games on an online bookmakers' site.

Do you have any children?

[wales01man]

Re: Legal advice sought – online gambling regulations

If the OP has a case and wins back the money it would be a miracle methinks,these gaming sites are the next PPI scandal I fear

[CleverClogs]

Re: Legal advice sought – online gambling regulations

If the OP has a case

Pah!

Si ma tante avait des couilles, elle aurait été mon oncle. :rofl:

[teaboy2]

Re: Legal advice sought – online gambling regulations

I think the question here is - Even if the site had displayed said information would it have stopped the OP playing the game and if it had not would it have prevented the OP losing so much money? I think the answer would be No to be honest!

[charitynjw]

Re: Legal advice sought – online gambling regulations

Pah!

Si ma tante avait des couilles, elle aurait été mon oncle. :rofl:

Ahh = that's who he/she was!

(Wasn't my fault, it was those damn Bacardi Breezers!)

[GeorgeRoper]

Re: Legal advice sought – online gambling regulations

I think the question here is - Even if the site had displayed said information would it have stopped the OP playing the game and if it had not would it have prevented the OP losing so much money? I think the answer would be No to be honest!

You may be right. However, that's as maybe, my understanding is that the bookmaker has a legal obligation to adhere to the regulations.

Given its failure to do so, is there an argument that it has acted unlawfully?!

[wales01man]

Re: Legal advice sought – online gambling regulations

You could argue a case you could win you may lose take legal advice would think that they have all angles covered but if you won a case the money they have is probably out of the juristriction of this country

[teaboy2]

Re: Legal advice sought – online gambling regulations

You may be right. However, that's as maybe, my understanding is that the bookmaker has a legal obligation to adhere to the regulations.

Given its failure to do so, is there an argument that it has acted unlawfully?!

Although they may have been in breach of regulations/law for not displaying the information or a link to it. In order to be successful in court you would have to prove that their breach caused you financial loss - It would be very easy for them to demonstrate that you would have lost at the game regardless off their breach, as it would not have effected the game itself. So your only argument is that you would not have played the game if you had said information, which is a very weak argument to be honest as its merely speculating that you would not have played when in fact its possible you would still have played even if said information was provided.

Your best bet would be to raise a complaint against them via the Isle of Man Gambling Supervision Commission though even then you may not get all your money back and only a goodwill gesture if your lucky.

[charitynjw]

Re: Legal advice sought – online gambling regulations

Although they may have been in breach of regulations/law for not displaying the information or a link to it. In order to be successful in court you would have to prove that their breach caused you financial loss - It would be very easy for them to demonstrate that you would have lost at the game regardless off their breach, as it would not have effected the game itself. So your only argument is that you would not have played the game if you had said information, which is a very weak argument to be honest as its merely speculating that you would not have played when in fact its possible you would still have played even if said information was provided.

Your best bet would be to raise a complaint against them via the Isle of Man Gambling Supervision Commission though even then you may not get all your money back and only a goodwill gesture if your lucky.

Hi George,

I agree with teaboy; the infringement is fairly minor in the grand scheme of things.
They would probably just get a slap on the wrist.
& the two issues are entirely unconnected (causation & remoteness spring to mind)