Cookie Casino - Refund of illegitimate gaming revenues
Ruling
Resolved - The submitting complainant has become non-responsive to our repeated requests for additional information. As such we assume they have resolved their issue on their own.
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Player's Complaint
Dear gentlemen,
as you can easily see from your recordings, I played through your online platform in the period from 2018 to 2022. I am now undergoing medical inpatient treatment at the Anton Proksch Institute, Vienna. A confirmation of stay has been sent electronically yesterday.
My gaming revenues - i.e. deposits and withdrawals - clearly show that I suffer of a pathological gambling addiction, and you should have blocked or restricted me immediately after recognition due to the legal player protection regulation. Unfortunately, that did not happen.
Among other things, I consulted the Austrian Consumer Protection Association (www.meinkonsumentenschutz.at), the Chamber of Labour (www.arbeiterkammer.at) and the specialists at the Anton Proksch Institute. The unanimous opinion was that the resulting gambling losses must be reimbursed, since on the one hand - as already mentioned - I am suffering on a patological and medically diagonstic disease, and on the other hand your gambling - as you surely know - was not or is not legally legitimized according to the Austrian Law.
In this regard, I am interested in a mutually reasonable out-of-court solution, and only as a last measure would like to involve my legal advice or the representatives of consumer protection and the Chamber of Labour in the case.
With this in mind, I ask you to send me, as a first step, a complete statement of my gaming account for the period 2018 to 2022, which must be issued to me by law. I would also ask you to send a concrete proposal for reaching an amicable solution between our parties.
If you have any questions, please do not hesitate to contact me via email.
Kind regards,
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Hi Sopi1 - welcome to ThePOGG.com!
Please ensure you have read our Complaint Guidance to ensure that you fully understand how our complaint management process functions.
As we are the ADR for the N1 Interactive Ltd license under the Malta Gaming Authority license there is certain information we have to provide you now.
You can find all the relevant information about this service here – http://thepogg.com/terms-of-use/ and the terms of use for our complaint service here - https://thepogg.com/terms-of-use-for-dispute-resolution-service/
To summarise.
– Use of this service does not preclude your seeking redress through court proceedings .
– This service is free to use for both the complainant and operator.
– At any point during the procedure the submitting party retains the right to withdraw their complaint. This does not preclude our right to continue the discussion with the involved operator of general issues related to the complaint (i.e. insufficiently clear terms and conditions).
– You are not obliged to obtain independent or legal advice or representation, though you may choose to do so.
Firstly, as explained in our Complaints FAQs we do not pursue refunds of losses based on lack of license. If your own government cannot prevent unlicensed operators from accepting their citizens, there is no possibility of the operator offering a refund simply on the basis of us asking them to.
Secondly, we are not the gambling operator and have no access to your account records. If you are looking for this information you would need to contact the operator directly.
Finally, specifically what actions did you take to alert the operator to the problems you were experiencing?
You may find our free Responsible Gambling app BetBlocker useful. It allows users to restrict their internet capable devices from accessing over 15k gambling operator websites for between 24 hours and 5 years.
Thanks,
ThePOGG