Posted on: December 6, 2022, 07:47h.
Last updated on: December 6, 2022, 07:47h.
Dutch gamblers are pulling a play out of the German gambling playbook. They’re going after online gaming operators that offered their services in the Netherlands without a license, hoping to receive substantial payouts for their losses.
A group of Dutch gamblers, now numbering over 100, want online casinos to return to them the money they spent on the platforms. Their lawyer, Benzi Loonstein, asserts that the casinos should never have allowed them to play and he’s ready to fight, according to local media outlet Volkskrant.
The case is similar to a string of lawsuits that continue to play out in German and Austrian courts. PokerStars, Betano and others have received orders from court judges to repay what could amount to millions of dollars.
Gaming Operators Broke the Law
Loonstein has argued that online casinos are fueling the addictions of their players. He points out that many gamblers are younger and more vulnerable than traditional players, as well as argues that operators offered online gaming knowing they didn’t hold a license.
The Netherlands only launched licensed online gambling on October 1 of last year. Therefore, any activity prior to that, according to the lawyer, was illegally conducted.
Online casinos also violated written or unwritten responsible gaming policies, according to Loonstein. He argues that consumers must be protected, even in the absence of legal, established procedures and policies.
Now that online casinos are legal, they must intervene with problem gambling for the sake of the consumer. Virtually all mature gaming markets have made responsible gambling the cornerstone of their activity.
Although the lawyer’s clients are afraid to publicly reveal their identities, Loonstein said they’re relieved that the first four casinos have now been issued summonses. The lawyer tried to get the unidentified operators to agree to offline settlements, but the majority rejected that attempt.
However, according to the lawyer, a public hearing is a big step for his clients. Some claim they lost everything at the whims of the operators and feel compensation is in order.
Kindred Claps Back
In a response to the lawsuit, Kindred argues that trying to launch a lawsuit is futile. The global gaming operator said that gaming lawyers are only looking for a quick score and referred to a case in 2016 in which a Dutch court denied a gambler’s claim for compensation.
In that instance, the gambler sought €185,000 (US$194,065) for his losses on the Kindred-owned gaming platform Unibet. However, the judge determined that, because the Netherlands had not begun to issue licenses and didn’t go after violators, online gaming was, therefore, acceptable and no rules were broken.
Loonstein disagrees. He pointed out that the country’s Council of State, a government advisory body, ruled this past summer in another case that confirmed that offering online gaming prior to legalization was, in fact, illegal.
That gives the lawyer fuel to support the new lawsuits. There’s also the possibility that it could backfire. The court could go after the gamblers since they were participating in illegal activity; however, just like in Germany and Austria, that has never happened.
