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Race Casino - Withdrawl breach

Ruling

Resolved - Both the submitting complainant and Race Casino have informed us that this issue has been resolved and the player has received their funds.

Read our Race Casino Review.

Player's Complaint

 

Hi,

I was registered with Race Casino and am now self-excluded.

I deposited 2,050 euro on 22/02/2021 and after some losses and wins tried to withdraw 2,600+ euro. (subsequently after further deposits my losses stood at 3,851)

After submitting the request I went to play again and deposit again to play.

Upon such time I was met with a message informing me that I could not deposit while I had a pending withdrawal and in order to have funds to play with I could either "proceed" to cancel my withdrawal or "cancel".

With no funds in the account and attempting to deposit while a withdrawal is pending the casino offers this popup message to consumers:

"STOP: You have a pending withdraw! A deposit may not be made as there is a pending withdrawal. By clicking proceed the withdrawal request will be cancelled. Click cancel to return to the Casino."

I would like to draw your attention to this from MGA with regards to prompting of players to proceed and cancel withdrawls that are pending when trying to deposit again: (I would ask that you consider this in light of my case as I do think the entire procedure to prevent deposits while a withdrawl is taking place and instead to prompt a player to "Proceed" with cancelling their withdrawl falls directly under category 30 (1) (c) here.

https://www.mga.org.mt/wp-content/uploads/Directive-2-of-2018-Player-Protection-Directive.pdf

30. (1) (c) B2C licensees shall not attempt to encourage players, in any manner, to cancel a withdrawal request, once this has been made by a player. Any withdrawal restrictions shall be specified in the terms and conditions in clear, intelligible language, and shall include details of the manner in which the restriction is to work.

I believe the set up flys in the face of what MGA have stated: "B2C licensees shall not attempt to encourage players, in any manner, to cancel a withdrawal request".

This pop up does not make any commercial sense for the casino unless viewed as a way to encourage players to cancel a withdrawal. It is industry standard to allow deposits and withdrawals at the same time. The casino deliberately blocks users from depositing and prompts them to cancel a withdrawal.

Withdraw

Attempt to deposit

Casino says you can’t deposit while a withdrawal is pending and says you can proceed and cancel your withdrawal (you never even suggested you wanted to do this, the casino immediately offers the cancel withdrawal option with a PROCEED cta)

Had the casino blocked the user from depositing and had on another section of the site the ability to cancel a withdrawal as a separate user flow process I would say then, that, that would be compliant.

But when trying to deposit after withdrawing and immediately sending a popup that messages about preventing deposits and using a CTA (call to action) of PROCEED to cancel a pending withdrawal is no doubt an encouragement to cancel the withdrawal. Their is no way, no matter how the casino frames it, that this is not in breach.

Look at the language: “shall not attempt, in any manner, to cancel a withdrawal request once this has been made”.

The language from MGA can not be clearer, shall not attempt in any manner….Race Casino go out of their way to encourage a user who ahsn’t requested to cancel a withdrawal to tell them they can cancel it and to proceed in cancelling it. It’s terrible behaviour.

How...can a popup after a withdrawal when trying to deposit that uses a CTA of automatically encouraging you to cancel your pending withdrawal not fall under this?

Literally, you make a withdrawal. You go to deposit. The pop up appears and says you can’t deposit and you can proceed to cancel your withdrawal if you want. At no point have you indicated you are looking to cancel a withdrawal in this flow.

The flow is:

Withdraw

Go to deposit

Casino says you can’t deposit while a withdrawal is pending and says you can proceed and cancel your withdrawal (you never even suggested you wanted to do this, the casino immediately offers the cancel withdrawal option with a PROCEED cta)

(this is clearly in breach).

A prompt to cancel a withdrawl in order to play is exactly that. Functionality to allow deposits with pending withdrawls is industry standard, this is a predatory setup that is designed to reverse withdrawls. I would point to the "in any manner" wording here.

Please consider my request as I view this as nothing short of predatory. The casino can easily have functionality to allow deposits and withdraws at the same time. It could also just message and say you can’t deposit when a withdraw is pending and make no mention of cancelling a withdrawal. Instead they suggest you cancel a withdrawal and then sue the CA word and option of “proceed” as the main CTA on this popup box for an action that wasn’t part of the flow (player initiating a withdrawal cancellation request).

Regards,

 

Read the casino review

12 Responses

ThePOGG
February 27, 2021

Hi memphisflash77 - welcome to ThePOGG.com!

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

As we are the ADR for the L&L Europe 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).

https://thepogg.com/terms-of-use-for-dispute-resolution-service/

– You are not obliged to obtain independent or legal advice or representation, though you may choose to do so.

If you have any questions about the above, let me know.

I'll contact the operator and see what we can find out for you.

Thanks,

ThePOGG

MemphisFlash77
February 27, 2021

Thank you.

MemphisFlash77
February 27, 2021

I would also point out under the UKGC reversal of withdrawls is also now forbidden.

ThePOGG
February 28, 2021

Hi MemphisFlash77,

UKGC rules only apply to UK citizens.

Thanks,

ThePOGG

MemphisFlash77
March 1, 2021

Thanks

MemphisFlash77
March 4, 2021

Just wanted to check in, if their was any update on this?

Thanks

MemphisFlash77
March 15, 2021

Hi,

Just wanted to check if there was an update here, sorry to be asking so much.

Thanks

MemphisFlash77
March 17, 2021

Hi,

Just wondering how long the operator has to respond and what the status is with this?

MemphisFlash77
March 25, 2021

Hi,

Just wanted to check as it is nearly a month as to where this is and what next steps may be?

Thank you again.

ThePOGG
April 3, 2021

Hi MemphisFlash77,

Our understanding is that a refund has been issued to you. Please confirm when you receive your funds.

Thanks,

ThePOGG

MemphisFlash77
April 3, 2021

Thank you so much. I did get it. Thank you again.

ThePOGG
April 11, 2021

Hi MemphisFlash77,

Thanks for letting us know - it is appreciated :)

ThePOGG

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Agreement

MemphisFlash77 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:

  • Race Casino
  • Malta Gaming Authority
  • United Kingdom Gambling Commission
  • L&L Europe Ltd

February 27, 2021

The United Kingdom of Great Britain and Northern Ireland sits to the north-west of mainland Europe. The United Kingdom shares a border with The Republic of Ireland and has coasts on the Atlantic Ocean, Celtic Sea, North Sea, Irish Sea and English Channel. The population of the UK is approaching the 67.6 million mark leading to a fairly densely populated land mass. The gambling sector in the United Kingdom is entirely regulated and licensed by the UKGC – the United Kingdom Gambling Commission. Should players resident In the UK wish to gamble with foreign based operators there is no history of this being treated as a criminal offence, but high levels of protection exist for UK residents playing with UK licensed operators.