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Tony Bet – Self exclusion issue

Ruling

Found for the Player - TonyBet made a clear statement about when their GamStop participation began. By not adhering to this it misled players and allowed them to choose the most favourable time to apply restrictions.

Player's Complaint

Signed up to play at Tonybet on the 22nd of October. Deposited £1500 over 6 deposits,attempted to deposit again and was blocked from doing so.

Woke up later on that day and was logged out of Tonybet. Contacted customer support to ask the reason why. They stated I was self excluded via Gamstop.

I should not have be able to open an account or even deposit.

I contacted support stating this,they sent me a replying stating they were not intergrated at the time of me signing up.

If they were not integrated how could they exclude via Gamstop.

I have requested a return of deposits made on the 22nd of October,I was never in a position to withdraw any winnings due to self exclusion.

I’m happy to provide ThePOGG with emails from Tonybet and Gamstop details.

Read the casino review

9 Responses

ThePOGG
Oct 26, 2018

Hi baller85 - welcome to ThePOGG.com!

Unfortunately there isn't anything we can do to help you in this instance.

We are aware that Tony Bet only (very) recently signed up to the Gamstop program. As such they will have been integrating the system to identify impacted accounts. Self-exclusions from Gamstop would only be applicable after the point where they detected the account. Activity prior to that detection would be considered legitimate and had you won the operator would not be on sound grounds to deny payment based on the subsequent detection of the exclusion.

Sorry we cannot be of further help!

ThePOGG

baller85
Oct 26, 2018

I don’t understand surely it’s either intergrated or not.
How can my personal information be passed by Gamstop if it’s not intergrated. Wouldn’t this breach Data protection. As the sole purpose of Gamstop is to self exclude players from signing up, not once signed up then detect them.
Ive just read a press release stating that they will be intergrated on the 22nd.

TonyBet Introduces GamStop

TonyBet are thrilled to announce their latest news with the addition of GamStop available on their site from the 22nd of October. The casino will start using the well-known and highly effective self-exclusion tool which can really help you every time you decide to hit the online slots and casino games.

baller85
Oct 26, 2018

From press release

Now, if you’re not already familiar with GamStop, grab yourself a cuppa and we’ll talk you through just how this can help you.
Once you’ve registered to the service you will be prevented from using gambling websites and apps which are run by companies licensed in the UK for a period of time which you get to choose. It’ll help you get you life back on track if gambling has started taking over and it only takes a few minutes to sign up too!

ThePOGG
Oct 26, 2018

Hi baller85,

Please forward the press release to complaints@thepogg.com. If they state that Gamstop will be functioning from the 22nd and you registered on the 22nd they should have had this in place and should have caught your account.

Thanks,

ThePOGG

baller85
Oct 27, 2018

Dear ThePOGG,
I have forwarded emails and evidence to you.

baller85
Nov 03, 2018

Dear thepogg, any update?

baller85
Nov 07, 2018

Hello ThePOGG,

TonyBet emailed today stating that they were intergrated on the 22nd with Gamstop.They state that their press release did not state a time that they would become inter-grated, only the date.

So it seems it’s up to them to decide when and what time they were intergrated and the date does not matter.
I do not agree with this statement, if they do not specifie time within an advertisement, then surely it can only be assumed that the date is the 22nd October. How else would a consumer know? They decide the rules to suit them in this situation.

Something was right when I was depositing within the account, it allowed me to deposit 6 times, then all of a sudden it started to block/decline my despots and asked me to contact customer support.

They also stated that they will not respond to ThePOGG,as they have their ADR. However they do not deal with self exclusions.

ThePOGG
Nov 29, 2018

Hi baller85,

I've now had a full discussion with TonyBet regarding this issue.

In our opinion you are correct and given that TonyBet advertised that GamStop would be available "from the 22nd of October" and your play occurred on the 22nd of October you should not have been able to play.

TonyBet contest that they did not "advertise" this service and as they did not provide information on exactly when on the 22nd they would implement this service were free to do so at any time.

We have already made clear to the operator that we do not agree with their definition of advertisement. Alongside this however, the approach being taken has the potential for misuse, where an implementation point during the 22nd could be established that would commercially favour the operator. We are not suggesting that is the case here, however due to the potential for misuse it becomes all the more important to apply the restriction exactly as advertised.

TonyBet have informed us that they will not change their position. At this stage there is nothing further that we can do to help you. However, I would suggest that you at least have a case on a false advertising level and as such I would recommend that you contact the Advertising Standards Agency to have them review the issue.

Sorry we could not be of further help!

ThePOGG

baller85
Nov 29, 2018

Dear ThePOGG,

I totally agree with you. They messaged me directly stating the same points. I also highlighted what you highlighted to them on their definition of “advertising.

They only refere to their own website advertisment. However I pointed out to them their advertisement on an affiliate site, which they are heavily affiliated to, also states the 22nd.

I’m currently awaiting requested account information, although it appears this is going to be a long winded process. This does not appear to be forth coming or a easy process.

I will file a marketing and advertising breach case with the ASA.

Many thanks for your help and assistance on this issue.

I will let you no any further changes or outcome.

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