Gamblers demand pre-legalized losses back from online casinos

Around 100 Dutch gamblers and online gamblers are demanding that online casinos repay the losses they suffered before online gambling became legal in the Netherlands. According to their lawyer, Benzi Loonstein, the online casinos should never have allowed them to play, the Volkskrant reports.

According to Loonstein, the people he represents are “often vulnerable and young people” who have fallen into deep debt. While he acknowledges that the players have their own responsibility in this regard, he also argues that online casinos fueled their addictions by offering them incentives like bonuses. And it happened when offering online games of chance was illegal. The Netherlands only legalized licensed online gambling on 1 October 2021. According to the newspaper, dozens of gamblers have already won similar cases in Germany and Austria.

Loonstein also argues that online casinos violated their duty of care. According to him, there is an “unwritten rule” that gambling providers must protect their consumers, even before the legalization. Now, licensed online casinos are obliged to intervene if they see a player exhibiting problematic behavior. They can decide how to do it for themselves, but that doesn’t mean the duty of care is without obligation.

The lawyer said he first approached online casinos to see if they could settle matters outside court. He wouldn’t say how many settlements he has negotiated, but the first four summonses have now been issued to casinos that wouldn’t settle. According to the lawyer, a public hearing is a big step for his clients because they are often deeply ashamed.

The court could also fine and convict Loonstein’s clients because they voluntarily participated in an illegal market. But according to the Gambling Authority, that has never happened in practice.