Complaints against online casinos

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Peter Brandt 22. September 2021

More and more playing is trying to get their lost missions back by complaining against online casinos. The American gaming market has been regulated and legalized nationwide since July 1, 2021, but in the period before the legal reform, the industry was in a legal gray area. As the ISA guide recently reported, the players and especially lawyers want to take advantage of the initial transparency of this gray area at the time and get the lost missions back by court order.

Some lawyers and law firms have now specialized in lawsuits against online casinos. ((©Hunters Race/Unsplash)

U -turn through precedent

The gaming market in USA was like a patchwork before the new Gamensglasmstatiche Treaty (GlüstV) came into force, which did not provide for a uniform regulation of the industry and also collided with the applicable EU law of freedom of competition and service. This meant that the online gambling game was officially illegally illegal according to the national case law, but was legal according to European laws. In addition, Schleswig-Holstein in the meantime dared to go alone and licensed some providers on their own. From this tension ratio An a non -transparent gray area rosethat use more and more players and lawyers for lawsuits against online casinos.

In the report of the ISA guide, the lawyer Dr. Nik Sarafi that the increasing wave of lawsuits against the providers of digital gambling in direct Connection with the judgment of the Gießen Regional Court stand. A player from Hessen sued an online casino in which he had previously played 12,000 $ , for payment compensation because it was an illegal offer. In February 2021, the judges agreed with the plaintiff and earned the corresponding online casinos to pay compensation.

No conscious offense? In the judgment of the Gießen district court, the judges believed that the plaintiff had no knowledge of his own legal violation at the time of his game activities in the corresponding online casinos. For this reason, the plaintiff was right.

With this verdict, this has District Court Gießen A U -turn heralded, which according to Dr. Sarafi is clearly noticeable today. Because before the end of the game only in the all rarest cases complained against online casinosthat did not have a American lucky license at the respective time. If there was a process, the dishes usually smashed the Complaint from since the players would have violated the performance of the game offer themselves. This would illustrate this, among other things, the recent judgments of the Munich Regional Court (April 13), the regional court in Euskirchen (May 31) and the Munich II Regional Court (August 19).

Lucrative business model

According to Dr. Sarafi had opened up a lucrative opportunity for legal errors and law firms through the judgment of the Gießen district court to Fast and easy profits to achieve. This resulted in a business model that more and more lawyers would take advantage of.

The same view is also the Frankfurter Allgemeine Zeitung (FAZ), which in a specially carried out analysis has come to the knowledge that law firms and legal costs would deliberately assume that refer to complaints against online casinos. However, the prerequisite is that the complaining players were not aware of the law during their activities in the respective casino. On the other hand, the relevant players would not be represented.

In its analysis, the FAZ continues to state that the lawyers, law firms and legal costs financiers through the lucrative business model Generate media and public attention want to be able to further build up prestige and expand the customer base.

Primary source. The FAZ bases its analysis results on the statements of the Cologne lawyer Patrick Redell, who works with the process cost financier Advofin from Vienna.

Out through Gaming State Treaty?

Among other things, Ronald Reichert criticizes the approach of some colleagues. The specialist lawyer for administrative law speaks of a questionable method that the former Explant instability and legal uncertainty in the gaming area. In his opinion, a legal proceedings should not even occur, since the European Court of Justice, many illegally caught online casinos because of its EU license, considers to be legitimate. This verdict should be assessed regardless of the former American case law.

It should be given of the new state agreement can be doubted. Further legal proceedings are only conceivable in cases, to the end of the game before the standardization of the national gambling market in corresponding online casinos.

Gambling State Treaty (GlüStV). Since July 1, 2021, a new gambling law has been in the case of a new gambling law that will provide the industry in USA with uniform and transparent rules of the game. The legalization of the online gambling game caused a major sensation. Gambling providers and online casinos can strive for a American concession and thus act legally on the American market. However, liberalization also goes hand in hand with a variety of restrictions that are primarily intended to strengthen player and youth protection.