Online Casinos defend themselves against players’ complaints

In view of the increase in the number of complaints by the players, several online gambling providers are going on the offensive. If we take Germany, in the past two years there were more than 1000 player complaints against online casinos with a Maltese licence. Reclaiming the losses suffered seems to have taken the root as a business model for some start-ups.

In March 2021 we had already reported in detail and discussed whether it is a good idea, to reclaim casino losses. Meanwhile there seem to be even more start-ups and litigation funding specialists on the market who are urging players to reclaim the lost money in online casinos by taking legal action. Now the gambling industry is retaliating and for the first time ever an online casino is suing a player.

Action of an online casino before the Regional Court is successful

An online gambling provider which has not been named had already opened a claim against a casino player in 2021. The aim of the provider was to establish in court that the player has no right for compensation for suffered gambling losses. The highly anticipated hearing took place in front of the Regional Court on the 3rd of May 2022. The court soon made it clear, that the concerned player cannot reclaim his casino losses. Consequently, on the same day the online casino took action. The online gambling provider was represented by the renowned Munich-based law firm Hambach & Hambach.

In June 2021 we had already reported about a case, in which a player had tried to reclaim casino lossed from AG Euskirchen but had no success. In the latter case, the online gambling provider was also represented by the law firm Hambach & Hambach.

In the future players can be sued by gambling providers

Since the first online gambling provider has now sued a player, there are fears that now further providers will sue their players, as soon as the latter make unjustified claims to reclaim casino losses. In this case, the players risk being liable for substantial litigation costs if the respective online casino is proved right.

In December 2021 we had reported about the appeal, in which in the second instance, the LG Bonn had determined, that the complaining player has no right to reclaim the losses from the casino. According to information given by the firm itself, the law firm Hambach & Hambach has already litigated 14 cases in favour of online gambling providers. In all the cases, the law firm has managed to refute the claims for refund. Till now however there has been no legal final judgement against mandates of the legal firm Hambach & Hambach.

Start-ups and lawyers are making business worth millions from the players’ losses.

Recently there has been a significant increase in the number of Start-ups, which are promising players an uncomplicated and risk free reclaim of the casino funds they have lost. As an example, on the website of the legal firm Staudt Rechtsanwälte München, it is stated as follows:

“The chances of success of an online casino case are very good, more than 90 % of the online casino cases are successful. (…) After lodging the appeal, the casinos are also ready to settle.” 

Further to this, for example the CLLB lawyers from Munich and the company RightNow GmbH proclaim the promise “immediate compensation for your casino losses”. However generally speaking, the companies do not point out that there is a risk that they will be sued by the respective online gambling provider. They also do not point out the other risk factors.

Conclusion

Even more online casinos are fighting back the claims of the players in court and are successful. It even seems that currently things are working in favour of the gambling industry. Of course, at this point we would like to point out that there are a significant number of judgements in which the court rules in favour of the player and whereby the online casinos have been ordered to refund the casino losses suffered. However, some of the arguments of the providers were contradictory or they did not have enough basis for their arguments, that the court has ruled in favour of the complaining player. It is important that the gambling enthusiasts do not get the impression that when playing there is no risk. Such a conclusion would be fatal and wrong for all parties.

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