Bet365 has been ordered by a Madrid court to restore the account limits of a group of users from the Spanish town of Caravaca de la Cruz. The court ruled at the end of August that account restrictions were a form of discrimination and detrimental to consumers.
The group consisted of 8 Caravaqueños, decided to test their knowledge on sports by creating a WhatsApp group where they could share their picks.
The group soon reached 50 members who were able to earn 500 to 2,000 euros per week, per head. Bet365 reacted by limiting the amount of money they could play, even by shutting down some of their accounts.
I made a research about this court order and found very interesting facts. I m basing the following on what I found in Spanish Press.
Bet365 reacted to the action of the group, by cutting the betting limits of the players to 2 or 3 euros per event. Some players got their accounts closed completely. The following messages was sent to many players of the group:
"Unfortunately, once your account has been reviewed and due to your activity, we have made the decision to close your account with immediate effect ..."
and
"We regret to inform you that although our services will continue to be available to you, certain restrictions will apply to your account on the bets you make from this moment.’’
Bet365 adopted these measures in application of the conditions of the contract (B.4.2, D.1.1 and D.1.3) that any user accepts upon registration via the internet. Clause B.4.2 literally states that "Bet365 reserves the right to suspend a customer's user registration at any time and for any reason." For its part, D.1.1 says that "Bet365 reserves the right to deny, totally or partially, any bet made at its sole discretion.”
The group though these clauses are abusive, reserving the right for bet365 to do whatever they want with any account. Several members of Caravacapicks got in touch with the lawyer Borja Fernández and began a legal battle against bet365. Fernandez made the following statement in Spanish newspaper EL ESPANOL: “Much of the benefit of these bookmakers is due to the fact that they include conditions in the clauses of their contracts they are allowed, at any time and for any reason, to close or limit the accounts of bettors who do not lose their money. The lawsuit that was filed raised the nullity for abusive of these clauses, based on legislation that protects consumers, since they were conditions that allowed the bookmaker to act unilaterally and discretionally, taking measures that restricted the Rights of bettors. Specifically, of some winning users ”.
The jointly filled lawsuit requested the nullity of the clauses of the contracts when they were considered abusive because they violated the General Conditions of Contract Law and the General Law for the Consumer and User Defense.
For its part, Bet365 presented an expert evidence at the oral hearing in order to justify the access and use of the betting system by the plaintiffs in a fraudulent manner, incurring in collusive practices. The bookmaker understood that they were developing concerted practices with the aim of preventing, restricting or distorting competition.
The Court of Madrid has ruled in favour of the bettors. The ruling states that the plaintiffs were not professional players, "it is not proven that we are faced with a professional, commercial or business activity but developed by consumers." The sentence issued by Judge Gladys López Manzanares emphasises that she does not find fraudulent aspects in the WhatsApp group that eight friends mounted, under the name of Caravapicks, with the aim of betting on sports competitions.
The ruling also criticises the content of the clauses of the contract accepted by the users of bet365 because they do not allow them the right to reply.
Judge Manzanares concludes by arguing that “the conclusion to all of the above is the abusive nature of the conditions indicated by the plaintiffs, which support the closure or restrictions applied by Hillside to certain users without alleging cause or motive, without reference to generic to collusive or fraudulent practices may cover such discrimination with respect to the rest of bettors. The clauses do not respond to a legal mandate by exceeding the planned control limits and allowing arbitrary action by the operator to the detriment of consumers. ” Therefore, the Madrid court declares “the nullity for abusive general conditions included in the contract signed with Hillside Spain New Media PLC (Bet365), identified as B.4.2, D.1.1 and D.1.3”.
The ruling admits an appeal to the Provincial Court of Madrid and it remains to be seen if there are more episodes around the corner.
The group consisted of 8 Caravaqueños, decided to test their knowledge on sports by creating a WhatsApp group where they could share their picks.
The group soon reached 50 members who were able to earn 500 to 2,000 euros per week, per head. Bet365 reacted by limiting the amount of money they could play, even by shutting down some of their accounts.
I made a research about this court order and found very interesting facts. I m basing the following on what I found in Spanish Press.
Bet365 reacted to the action of the group, by cutting the betting limits of the players to 2 or 3 euros per event. Some players got their accounts closed completely. The following messages was sent to many players of the group:
"Unfortunately, once your account has been reviewed and due to your activity, we have made the decision to close your account with immediate effect ..."
and
"We regret to inform you that although our services will continue to be available to you, certain restrictions will apply to your account on the bets you make from this moment.’’
Bet365 adopted these measures in application of the conditions of the contract (B.4.2, D.1.1 and D.1.3) that any user accepts upon registration via the internet. Clause B.4.2 literally states that "Bet365 reserves the right to suspend a customer's user registration at any time and for any reason." For its part, D.1.1 says that "Bet365 reserves the right to deny, totally or partially, any bet made at its sole discretion.”
The group though these clauses are abusive, reserving the right for bet365 to do whatever they want with any account. Several members of Caravacapicks got in touch with the lawyer Borja Fernández and began a legal battle against bet365. Fernandez made the following statement in Spanish newspaper EL ESPANOL: “Much of the benefit of these bookmakers is due to the fact that they include conditions in the clauses of their contracts they are allowed, at any time and for any reason, to close or limit the accounts of bettors who do not lose their money. The lawsuit that was filed raised the nullity for abusive of these clauses, based on legislation that protects consumers, since they were conditions that allowed the bookmaker to act unilaterally and discretionally, taking measures that restricted the Rights of bettors. Specifically, of some winning users ”.
The jointly filled lawsuit requested the nullity of the clauses of the contracts when they were considered abusive because they violated the General Conditions of Contract Law and the General Law for the Consumer and User Defense.
For its part, Bet365 presented an expert evidence at the oral hearing in order to justify the access and use of the betting system by the plaintiffs in a fraudulent manner, incurring in collusive practices. The bookmaker understood that they were developing concerted practices with the aim of preventing, restricting or distorting competition.
The Court of Madrid has ruled in favour of the bettors. The ruling states that the plaintiffs were not professional players, "it is not proven that we are faced with a professional, commercial or business activity but developed by consumers." The sentence issued by Judge Gladys López Manzanares emphasises that she does not find fraudulent aspects in the WhatsApp group that eight friends mounted, under the name of Caravapicks, with the aim of betting on sports competitions.
The ruling also criticises the content of the clauses of the contract accepted by the users of bet365 because they do not allow them the right to reply.
Judge Manzanares concludes by arguing that “the conclusion to all of the above is the abusive nature of the conditions indicated by the plaintiffs, which support the closure or restrictions applied by Hillside to certain users without alleging cause or motive, without reference to generic to collusive or fraudulent practices may cover such discrimination with respect to the rest of bettors. The clauses do not respond to a legal mandate by exceeding the planned control limits and allowing arbitrary action by the operator to the detriment of consumers. ” Therefore, the Madrid court declares “the nullity for abusive general conditions included in the contract signed with Hillside Spain New Media PLC (Bet365), identified as B.4.2, D.1.1 and D.1.3”.
The ruling admits an appeal to the Provincial Court of Madrid and it remains to be seen if there are more episodes around the corner.