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Cloudbet - Casino did not conduct KYC and allowed continued big transactions from gambling addict

Ruling

Found for the Player - Cloudbet has informed us that they will not cooperate with this service to manage player complaints.

Read our Cloudbet Review.

Player's Complaint

Casino Operator Cloudbet never conducted KYC as required by regulator and within a short period allowed gambling addict to make transactions in total of 168.397$ without confirming or verifing anything, relating to the responsible gaming and code of conduct policies, that a young kid as me could never afford such transactions without dept.

According to Curacao e-Gaming's General Terms and Conditions: "an online gaming provider is any entity, sublicensed by CeG to provide online gaming services, licensed by Curacao Gaming Control Board." - CeG also writes in their Code of Conduct "14. The Operator is required, the ordinance notwithstanding, to at all times comply with all Curacao local as well as international rules and regulations.

Within the Curacao Gaming Control Board in Curacao Article 5.2 b states that Casinos have the obligation to undertake Customer Due Diligence (CDD) measures when: "carrying out occasional transactions above the monetary equivalent of US$ 3,000;"

The Casino Operator is also licensed with the E Gambling Montenegro, which also states within their AML policy that KYC should be applied when transaction of 2000€, so the Casino Operator is licensed by two regulators that requires this.

The EU law also require KYC when above 2000€, so it is a breach of both the Curacao, Montenegro and EU laws.

I have tried to solve this with the Casino, but they writes back to me as quoted "There was no need for any such procedures to take place" and "The amount of your deposit will not fall into these cases, I'm afraid therefore we are not held accountable for your gameplay".

But if 168.397$ in transactions and 93380$ in deposits does not fall within the amount, and thats the excuse by the Casino operator, then i dont know which amount falls under such cases, when regulator requires as above. I have screenshots of all transactions and communication, but Casino operator has stopped answering emails.

If the casino operator don't confirm the identity and conducting KYC/CDD as required by the law especially with such big amounts how can they in any case fullfill the requirement by the regulator, which require to report unusual transactions as stated in GCB in AML section 8.5, combination or pattern of transactions involving a total amount in excess of the monetary equivalent of NAƒ 5,000. (2.400$) - And also to fullfill the requirement to check if user has requested excluded, if they do not know their identity.

Following the Curacao AML law, since the first 3000$ should not require KYC/CDD, my complaint is not for the first 3000$, they are for the casino to keep - But the amount above this, if we take deposits minus withdrawals is 15.364$.

Read the casino review

7 Responses

User icon
thepogg
January 4, 2022

Hi qwrath - welcome to ThePOGG.com!

Please read our Complaint Guidance to ensure that you fully understand how our complaint management process functions.

Unfortunately you have chosen to play with an operator that is both negatively listed with this service and who has historically been non-cooperative with complaints submitted to us. While we will try to contact the operator on your behalf the chances of a successful mediation are low.

Thanks,

ThePOGG

User icon
qwrath
January 4, 2022

Hello ThePOGG

Thank you very much - Let me know if you need any further information or screenshots from me.

User icon
thepogg
February 12, 2022

Hi qwrath,

Sadly this operator has informed us that they will not cooperate with the management of complaints via this service. At this juncture we have no reasonable expectation of this changing.

Sorry we could not be of further help.

ThePOGG

User icon
qwrath
September 24, 2022

Would you know how to proceed with the complaint going official ways? Would this be to reach out to the regulator or local law for breaking not only the law but also the Curacao eGaming's terms in relation to gambling addiction?

I am a gambling addict and during a tough period i falled back into gambling as you can read in the original complaint - CloudBet allowed me as a young kid to lose 15364 $ USD without conducting any due diligence, KYC or verification of income when depositing and gambling these high amounts.

Not only the Casino does not comply with the law, they also lie about it, i have screenshot where they confirm on their live-chat that they do conduct due diligence when deposits reach 3000 USD as the law tells as required by law, but the matter is they does not.

Refering to Curacao eGaming's terms in relation to gambling addiction they write the following:

-The Operator shall collaborate with partners in the Gaming Industry in its efforts to minimize gaming addiction.

-The Operator shall at any time be entitled to withhold services from the End User by shall mean of Suspension of the Account or otherwise, whenever it finds indications of irregular behaviour by the End User such as, however not limited to compulsory behavior, chasing losses, erratic gambling patterns, and, or, abnormal long periods of sustained game play.

-The Operator is required, the Ordinance notwithstanding, to at all times comply with all Curaçao local as well as international rules and regulations.

All things can be read on their website: https://www.curacao-egaming.com/ceg-academy/self-study-chapter-b/responsible-gaming-self-exclusion-and-code-of-conduct

No only does CloudBet not comply with local laws, they also break the rules of Curacao eGaming in relation to minimizing gaming addiction, and monitor irregular behavior such as compulsory behavior, chasing losses and erratic gambling patterns.

When depositing thausands of US dollars on each deposit and keep chasing losses, the Casino must be set accountable for their behavior and break of laws - Who are there to be protect gambling addicts if the Casinos does not?

I was also in contact with Casino operator - So we have in written proof that they write as quote "The amount of your deposits will not fall into these cases, i'm afraid therefore we are not held accountable for your gameplay", if this is their excuse and i was allowed to deposit and lose 15364 $ USD and the law requires them to after 3000 $ USD, i can only see that this excuse and explenation from the casino is illegal and a lie from their side.

So since you have already been going through the case, i just wanted to ask you, with your experience and knowledge if there is any other way to proceed with my complaint?

I apreaciate your information - have a good day.

User icon
thepogg
September 24, 2022

Hi qwrath,

In our opinion the Curacao licensing system is a license in name only. We have never seen Curacao eGaming take any action to support players, or indeed even respond to any communication we have sent them in the last decade.

I'm sorry, but there's no action that we could suggest that is likely to be of any use to you.

You may find our free Responsible Gambling app BetBlocker useful. It allows users to restrict their internet capable devices from accessing over 18k gambling operator websites for between 24 hours and 5 years.

ThePOGG

User icon
qwrath
September 24, 2022

Hi ThePOGG,

Thanks for your reply - I didnt know your tool, i will install and right now, thanks!

I am sorry to hear that the Curacao licensing system has that bad reputation, i am in dept for many years, so i really wanted somehow to find a solution with the Casino, since they acted outside the law, and perhaps try to complain directly to regulator, but as i understand you, its only a name and no real regulators?

Thanks for your response.

User icon
thepogg
September 26, 2022

Hi qwrath,

ThePOGG has never had any success assisting players via Curacao eGaming. Nor are we aware of any players who have had success approaching this regulator about complaints. We are not suggesting that you should not try, simply passing on our experience.

Thanks,

ThePOGG

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Agreement

qwrath consented for ThePOGG to act on their behalf and share the personal information that they provide to ThePOGG with the following agencies for the purposes of resolving their complaint:

  • CloudBet
  • Curacao
  • Halcyon Super Holdings

January 3, 2022

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