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N1 Casino - N1 Interactive Ltd violates the Malta Gaming Authority's regulations regarding its T&C.

Ruling

Declined - We do not pursue refund of losses based on lack of license. If your government cannot enforce its restrictions there's no chance we can.

Read our N1 Casino Review.

Player's Complaint

Good day

Today, well after midnight, I made a detailed and substantiated complaint against N1 Interactive Ltd and their casinos I played at. A few hours later, this complaint was rejected with reference to a T&C clause, which is why I am now consulting the legitimate ADR of the casinos. I am making a complaint against the N1 Interactive Ltd casinos (namely: BobCasino, Spinia, Betamo, Maneki, Avalon89 and Cookie) because the casinos have breached the MGA's regulations as found in the System Document Checklist . In particular, it is about the conditions and regulations regarding T&C, against violations of consumer protection law and violations of player protection.

I would like to submit my detailed, reasoned and supported with evidence and documents complaint which I submitted today and which was rejected by the casinos today.

Regardless of the complaint recently filed against iwildcasino and the related communication between me and ThePOGG, I ask the ADR to assess it seriously and objectively.

I look forward to the cooperation!

Warm greetings

Read the casino review

16 Responses

User icon
thepogg
August 10, 2022

Hi dragimius - 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.

You will need to detail the specific nature of your complaint before we can offer any guidance on this matter.

Thanks,

ThePOGG

User icon
dragimius
August 10, 2022

Many Thanks. I still have a few comments and questions about the addr procedure: My complaint is mainly about the lack of a license from the operator. Actually, according to the T and C, I am not allowed to submit the complaint. On the other hand, you are the official ADR and must deal with the complaint in terms of subsidiarity and regulation. what to do? should you reject the complaint, can i still file it with mga? i address my complaint to the b2c licensee n1 interactive ltd and some of its casinos. I never said and wrote that I have one against N1 Casino. this would also be unfair to this casino. I ask you to change this. I know why I chose "bob". Thanks and regards

User icon
dragimius
August 10, 2022

Many Thanks. I still have a few comments and questions about the addr procedure: My complaint is mainly about the lack of a license from the operator. Actually, according to the T and C, I am not allowed to submit the complaint. On the other hand, you are the official ADR and must deal with the complaint in terms of subsidiarity and regulation. what to do? should you reject the complaint, can i still file it with mga? i address my complaint to the b2c licensee n1 interactive ltd and some of its casinos. I never said and wrote that I have one against N1 Casino. this would also be unfair to this casino. I ask you to change this. I know why I chose "bob". Thanks and regards

User icon
thepogg
August 10, 2022

Hi dragimius,

Unless you fully explain your situation we cannot comment.

You are free to address your complaint to the MGA. In most cases they will simply redirect you to us, but depending on the nature of the complaint it may be more appropriate for the regulator to review.

Finally, if this is about lack of a Swiss licenses, nothing in the MGA regulations prohibits their licensees from accepting Swiss players. While there are some vague allusions on the matter of licenses in other jurisdictions the MGA has been clear about which jurisdictions it is concerned about (USA/UK) and not taken any actions with other territories, including Switzerland. As such this would not be grounds for us to contest a refund for you based on the MGA regulations.

Thanks,

ThePOGG

User icon
dragimius
August 10, 2022

I refer to the following statement of yours:

"Finally, if this is about lack of a Swiss licenses, nothing in the MGA regulations prohibits their licenses from accepting Swiss players. (...) As such this would not be grounds for us to contest a refund for you based on the MGA regulations."

On the advice of a former MGA employee ([EDIT]), I direct my complaint in this regard against the following two contractual provisions that the MGA licensed and regulated B2C licensee must comply with:

"The B2C (N1 Interactive Ltd) must exercise due care in selecting the markets in which to pursue its activities and the advertising thereof, ensuring that the activity is underpinned by justifiable arguments."

and further

"The T&Cs of MGA-licensed operators are required to list prohibited territories from which use of the Licensee's services is not authorized by such territories" (MGA System Documentation Checklist).

For these reasons, I do not support your statement that there are no MGA regulations prohibiting casinos from allowing Swiss players.

This is a breach of contract between MGA and the B2C casinos and has nothing to do with the player or Switzerland directly.

That's why most MGA casinos forbid Swiss people to register. This is due to the provision of the MGA just mentioned. (Why else do many MGA casinos list a whole bunch of banned countries and block Swiss? Probably not because they want to voluntarily forgo the lucrative business in the Swiss market?) It would be very easy to just add a clause and the whole thing Transfer responsibility to the player and that's good. But they don't because they are required to comply and abide by MGA regulations cited above.

I see that ThePOGG is legally biased when it comes to the lack of licensing and jurisdiction issues. According to the Gaming Act, there are no grounds for complaint that cannot be examined in advance. However, ThePOGG's T&C, which I must comply with, states that I am not allowed to file complaints based on accountability and lack of license.

I also find it questionable in a legal sense when ThePOGG considers the rule to be sanctimonious and unquestionable that verifying that gambling is allowed on the site is always the responsibility of the player. Under the Consumer Protection Act of Malta (which is a legal principle in general) it is forbidden to transfer liability for a breach of law (mentioned above) from the trader to the consumer by means of a clause.

Because ThePOGG has stated in its Terms of Service that it rejects jurisdiction-related complaints and because ThePOGG has informed me in this conversation that there is nothing in the Terms to indicate that Swiss use of the site has been prohibited by the MGA , I do not think you are objective enough on this question. It's a shame you cringe when you just hear the words "lack of licensing" and "jurisdiction".

So, according to ThePOGG's terms, I'm not allowed to file the complaint. However, the MGA refers to the principle of subsidiarity in the complaints process and the casinos have chosen you as their ADR body, for which they have been officially accredited by the MGA.

I have reason to believe that you will reject my complaint because of your bias on certain issues as it relates to the issue of jurisdiction.

So I would ask you to let me know what my next steps should be, in line with the MGA's ADR regulation and the regulations on the right to complain.

Best regards

[EDIT]

User icon
dragimius
August 10, 2022

And again, my complaint is not against N1 Casino. ThePOGG entered this later. I ask you to change this, also in the interest of the duty of care towards complaint processing. Many Thanks.

User icon
thepogg
August 10, 2022

Hi dragimius,

As this submission is about the license holder generally, and N1 Casino are the flagship property owned and operated by the license holder, rather than a white label run for a client, it is more appropriate for the complaint to be tagged to N1 Casino.

We are well aware of regulations that you quote and have had extended dialogue with the regulator on this matter previously specifically to ensure that we know what is expected with this type of claim. The MGA view it as the licensee's responsibility to deal with any potential consequences in any given jurisdiction where they fail to adhere to local laws. They do not explicitly enforce restrictions on which territories licensees are allowed to engage with barring a few notable exceptions, of which Switzerland is not one. We will abide by our understanding of the regulator's interpretation of the regulatory requirements.

Furthermore, ADRs are engaged to address matters relating to gambling transactions directly. This issue relates to adherence with licensing requirements not specific gambling transactions and as such is outside of the remit of an ADR service. It would require the regulator's interpretation of whether or not the operator's practice meets the regulator's required standards.

If you wish to pursue the matter further you should feel free to contact the MGA directly and if challenged you can inform them directly of our grounds for declining your complaint - we would encourage you to quote so there is no ambiguity. Alternatively, and as has been directed in your previous interactions with this service, you can contact your local licensing authority to look to enforce local legal requirements.

Finally, this is now the 3rd complaint you have submitted to this service in a short period of time that relates to your contention that an operator is in some respect not legally allowed to operate in your country of residence. We have been clear that we cannot assist with this nature of complaint, and as detailed above this case is no exception. Please bear this in mind when considering future submissions.

Thanks,

ThePOGG

User icon
dragimius
August 10, 2022

Good day

Thank you for your comment. Please do not attack me if I do not have detailed legal expertise and misread and interpret a clause/provision. I am aware that these are unfortunate complaints that relate to jurisdictions. But I'm not acting headless. There must be a reason why [EDIT] referred me to these two provisions and encouraged me to file a complaint.

I further believe that your assertion that there is no insinuation (sic!) in the provisions of the MGA governing jurisdiction over Switzerland is incorrect.

I have the right to file a complaint if I believe that the Licensee has violated the law and other binding legal instruments. The regulation stipulates that a complaint must be filed against each B2C licensee individually. So it's already the third complaint and I don't have to justify myself for that. If I have been treated unfairly and unlawfully by 20 casinos, then it is my right to file 20 complaints.

I was aware that the ADR was unlikely to deal with this type of complaint. Therefore, before actually submitting my brief, I briefly explained my case to clarify this. ThePOGG would not even be allowed to deal with this complaint based on ThePOGG's Terms + Conditions, to which the casinos could refer. Nevertheless, I asked if you would review the complaint because this is the required complaint channel. This is also because you yourself said that my case would probably be forwarded back to the ADR from the MGA. And to avoid this, I'm trying to clarify this.

User icon
dragimius
August 10, 2022

hp Thank you for the clarification. I appreciate that very much.

User icon
dragimius
August 10, 2022

Finally, this is now the 3rd complaint you have submitted to this service in a short period of time that relates to your contention that an operator is in some respect not legally allowed to operate in your country of residence.

That is not right. In my first complaint against Fresh Casino, the focus was on the violation of the T&C regarding the right to complain.

My second complaint against iwildcasino was about the provider Play N GO and the breach of contract between B2B and B2C, which ThePOGG rightly rejected.

This is my first complaint involving jurisdiction. I ask you to argue truthfully. Thanks.

User icon
thepogg
August 10, 2022

Hi dragimius,

Nobody has attacked you. But we have explained to you multiple times that this service cannot assist you with claims of this nature previously. Move over, you were clearly informed in our first post today that we could not assist you with this matter either. You then chose to engage further, insisting that despite having been clearly informed that this is not a matter that we can assist you with, that you wanted us to act on this matter. You have then been provided a full and detailed response, communicating the same position as previously detailed.

If Mr Bartolo has advised you to contact this service, then they are not fully informed on the powers or authority of an ADR service.

You are free to submit as many complaints as you wish, but be informed that if these complaints relate to the matter of Swiss law, unless we receive explicit instruction from the MGA that there has been a change in policy, they will be disregarded.

Finally, with regard to the nature of your complaints:

i) Fresh Casino - you complained about the operator accepting Swiss players without a Swiss license either directly with the operator or with another 3rd party. The operator then used this as grounds to enforce a questionable term prohibiting complaining about the operator.

ii) iWild Casino - you complained about being able to access Play n Go games when Play n Go were unlicensed in Switzerland.

iii) N1 Interactive - you are complaining about this licensee not holding a Swiss licensed.

Each and every case can be reasonably and fairly described as relating to "your contention that an operator is in some respect not legally allowed to operate in your country of residence". There is nothing untruthful about that assertion.

Thanks,

ThePOGG

User icon
dragimius
August 10, 2022

I would like to let you know that I am aware that you do not handle these types of complaints. Nevertheless, I made a request because you said yourself: "You are free to address your complaint to the MGA. In most cases they will simply redirect you to us:

And in order to prevent this, this must be clarified for each individual case. You have now and I am grateful for that.

Since you said yourself that you had to talk to the MGA about the interpretation of the two quoted rules in detail, you can understand that it is even more difficult for me as a layman to understand this :/

If you could give me your personal opinion on the two quoted provisions, it would not only help me. You recently gave your opinion on the Swiss casino landscape in a very long message.

User icon
thepogg
August 10, 2022

Hi dragimius,

Our opinion on this matter is as detailed above. We serve on behalf of the MGA and look to enforce the policies and procedures that the regulator sets. On this matter the regulator takes the position that the laws in other countries are the responsibility of the relevant bodies in those countries to enforce and we can say that the MGA appear to cooperate with some other governments where appropriate relationships have been developed.

We agree with some of the policies that the MGA takes and feel others could be improved. On this particular policy our position would be relatively agnostic.

Thanks,

ThePOGG

User icon
dragimius
August 10, 2022

I will follow the rules that a licensee is required to follow under the Consumer Protection Act of Malta and the MGA in my complaint. Written law here takes precedence over common law. MGA casinos are required by MGA regulation to place on the list of prohibited countries in the T&C all countries to which they are not licensed to offer gambling. And according to the Consumer Protection Act, it is forbidden to transfer liability to the consumer by means of a clause. Am I really that wrong in my interpretation of the law? Do you want to read through my complaint? I would really appreciate that.

User icon
dragimius
August 10, 2022

The reason I'm filing this complaint in the first place is because of this statement you made in the rationale for another complaint:

"The point with the above is that you could effectively make the same claim for refund of losses about any gambling operator you have chosen to play with based not on access to Play n Go games, but instead on the fact that they are not licensed by the Swiss authorities to accept your play and all of the operators you have been trying to press this claim with, both the ones that you have submitted complaints to us about and the ones that you have simply looped our email into your communications with them, fall into this category"

User icon
thepogg
August 10, 2022

Hi dragimius,

N1 Interactive does provide a list of countries that they cannot accept players from. It does not include Switzerland as, presumably, and based on their interpretation, their MGA license is sufficient to allow them to accept traffic from Switzerland. As the MGA does not prohibit their licensees from accepting Swiss traffic and has taken no position on this matter for years, it is reasonable to conclude that the MGA is satisfied with operators making their own decision on this matter.

No liability has been "transferred to the consumer" as no Swiss player that we have ever been aware of has been faulted or penalized by this (or any other MGA licensees who does not explicitly restrict registration from Switzerland) for having registered or played. That means that this license is not denying the payment of winnings where they are due and accepts the play as legitimate. Therefore, the operator's terms and conditions clearly and accurately communicate the policies of the business and no further interpretation is required by the consumer on this matter. Given the size of the balance you are contesting, it seems more than reasonable to assume that you have received withdrawals during your time interacting with this licensee, so will be aware of that.

As with your other complaint, this is not an issue of you having been disadvantaged in your gambling transactions or any liability having been passed to you. This claim is simply about adherence with your local laws. That is fine, but if you want to rely on your local laws you will need to engage with your local regulatory authority.

And as to the quote from your complaint against iWild Casino - you have taken this out of context of the rest of the information that was conveyed to you in the previous discussions. Specifically that while we did indeed make that statement while giving an example, we have also repeatedly told you that we cannot assist you with claims relating to lack of license in your country. Asserting that quote as grounds for making this complaint is to ignore all the other occassions where you have been clearly informed of this fact.

We've exhausted useful discussion on this matter. We understand you are unhappy with our conclusions, but further discussion is not going to change our positions. Feel free to contact the MGA or your own local licensing authority as you see appropriate.

No further posts will be approved on this thread.

Sorry we could not be of further help.

ThePOGG

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Agreement

dragimius 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:

  • Bob
  • Curacao
  • N1 Interactive Ltd

August 9, 2022

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