BETAT - self-exclusion breach
Ruling
Found for the Casino - The UKGC's self-exclusion system clearly states that using a different email address to the one you self-excluded with may cause new accounts to be missed. Players who are self-excluded should not use different details to attempt to get round the exclusions they have put in place.
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Player's Complaint
I opened an account with Betat on 26/8/2017 and closed it 24 hours later when I discovered they were owned by NRR Entertainment with whom I had self-excluded accounts (Betat, Slotty Vegas and Lucky Dino). Betat confirmed that I had self-excluded an account with them in 2014 but that the email address and telephone number that I used on my new account were different. I had a constant exchange of emails with the owner of Betat and he was insistent that they could not have identified me by name, address and date of birth alone and it was even suggested that I deliberately changed my email address and telephone number to circumvent the self-exclusion which was untrue, especially as three years had passed since I self-excluded. I am still convinced that I should not have been able to open an account with Betat as my personal details were exactly the same as those registered on the excluded accounts (as I pointed out to Betat - name, address and date of birth can never change whereas email addresses, phone numbers and bank details can change over time). The fact I was able to register a new account whilst self-excluded would suggest that Betat's procedures were not robust enough to prevent self-excluded players accessing their gambling services. I even quoted the following from the UKGC website regarding an operator who had been fined for the same failure:
"there were weaknesses in their online registration system which enabled self-excluded customers to open new accounts by retaining some personal details but changing all of the following details:
•user name
•bank card
•email address.
This does not comply with the requirements in Social Responsibility Code 3.5.3(1) and (6)"
Betat referred me to their ADR but they do not deal with licensing issues and refunds so I had no one else to fight my cause until I found the Pogg and now I am hoping you can mediate and help me obtain the refund I truly believe I am entitled to.
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Hi nanatrish - welcome to ThePOGG.com!
Unfortunately there's nothing we can do to help you in this instance. While you are right that there are some instances where a change in details would not undermine an operator's responsibility for detecting further registrations, even the UKGC have agreed - via their license wide self-exclusion program GamStop that certain fields cannot change. One of those fields is email address. This can be seen in the GamStop terms and conditions which read as follows:
While you can and will share a name, date of birth or address with other people, email addresses are unique.
You can take this issue direct to the UKGC if you feel you have a case, but this is not an issue we could help with.
Sorry we could not be of further assistance.
ThePOGG