Bet365 ordered to restore account limits

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arbusers
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Bet365 ordered to restore account limits
« on: September 20, 2019, 11:59:03 PM »

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.

This post is based on information that I found in EL ESPANOL newspaper: https://www.elespanol.com/reportajes/20190916/caravacapicks-amigos-murcianos-tumbado-bet365-apuestas-millonarias/428707605_0.html
« Last Edit: September 23, 2019, 08:44:22 AM by arbusers » Logged
turbobets
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Re: Bet365 ordered to restore account limits
« Reply #1 on: September 21, 2019, 04:59:18 AM »

Wow great news hopefully more courts follow their lead.
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Wolfie
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Re: Bet365 ordered to restore account limits
« Reply #2 on: September 21, 2019, 09:09:18 AM »

Yes but if they wont limit 2 options remain: 1 To become sharp, 2 To take other measures against sharp action. So if this courts become a thing than we dont know for sure if things will go good or bad.
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atilla9
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Re: Bet365 ordered to restore account limits
« Reply #3 on: September 21, 2019, 09:41:39 AM »

This is definitely bad news.
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apoel81
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Re: Bet365 ordered to restore account limits
« Reply #4 on: September 21, 2019, 10:57:59 AM »

Defo good news. Imagine bookies can't restrict you. What will happen? They will lower odds or start asking for accumulators. Yet, you will have access to 100's books.
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arbusers
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Re: Bet365 ordered to restore account limits
« Reply #5 on: September 21, 2019, 12:40:09 PM »

I will dig some more in this case and will come back soon with more opinions and statements from the players, the court and the lawyer.
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uptight
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Re: Bet365 ordered to restore account limits
« Reply #6 on: September 21, 2019, 02:10:44 PM »

If Pinnacle can run their business without limitation the players, then all other bookmakers could do the same, but they don't want, because of their greediness. I hope this case will expand further, and more and more accounts will be restored.
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Wolfie
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Re: Bet365 ordered to restore account limits
« Reply #7 on: September 21, 2019, 02:16:12 PM »

If Pinnacle can run their business without limitation the players, then all other bookmakers could do the same, but they don't want, because of their greediness. I hope this case will expand further, and more and more accounts will be restored.

I think its because of business model. You think pinnacle is not greedy enough ? Than why dont they add other leagues on live like 365 does ? We dont need another pinnacle. We need 365 to be what it is.
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Samael
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Re: Bet365 ordered to restore account limits
« Reply #8 on: September 21, 2019, 08:05:41 PM »

If Pinnacle can run their business without limitation the players, then all other bookmakers could do the same, but they don't want, because of their greediness. I hope this case will expand further, and more and more accounts will be restored.

Pinnacle can allow it because they are sharp on markets they offer-bet365 isnt (i dont count copycat big markets).
If there was no limit players would feast on some of there lines and odds.
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arbusers
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Re: Bet365 ordered to restore account limits
« Reply #9 on: September 23, 2019, 08:43:01 AM »

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 2-3 euros per event. Some players got their accounts closed completely. The following messages were sent to 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 filed 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 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 favor 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 emphasizes 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 criticizes 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.

This post is based on information that I found in EL ESPANOL newspaper: https://www.elespanol.com/reportajes/20190916/caravacapicks-amigos-murcianos-tumbado-bet365-apuestas-millonarias/428707605_0.html

I m also amending the initial post of this thread to include this information.
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Alfa1234
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Re: Bet365 ordered to restore account limits
« Reply #10 on: September 23, 2019, 08:58:48 AM »

This is very interesting.  I am wondering if this can be used as a precedent or some kind of a legal basis for actions in other countries and against other bookmakers.
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Shawn2k
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Re: Bet365 ordered to restore account limits
« Reply #11 on: September 23, 2019, 09:31:01 AM »

The question now is if these guys can continue betting as they want - How can they be stopped? Interesting stuff.
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Wolfie
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Re: Bet365 ordered to restore account limits
« Reply #12 on: September 23, 2019, 09:46:43 AM »

This is very interesting.  I am wondering if this can be used as a precedent or some kind of a legal basis for actions in other countries and against other bookmakers.

Yes because what they are doing is completely abusive. The problem is in most of countries prosecutors are bribed by betting industry. It seems Spain is better than most countries in justice system.
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Samael
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Re: Bet365 ordered to restore account limits
« Reply #13 on: September 23, 2019, 10:43:35 AM »

If this was anything else and not betting, this abusive system woudnt exist.It basically allows incompetent people and companies
to stay alive and earn ton of money without giving anything back.

"The Court of Madrid has ruled in favor of the bettors. The ruling states that the plaintiffs were not professional players"

Why is "fact" they were not professional players important to decision that they were not professional players,and what exactly makes bettor a proffessional?How do these people prove on court they are not proffesional and their wins are just lucky streak or whatever
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dealer wins
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Re: Bet365 ordered to restore account limits
« Reply #14 on: September 23, 2019, 10:43:55 AM »

It wont happen in reality.  They will either find a "loophole" around the ruling, introduce a separate VIP section for invited customers, or if thats not possible they will just shut their operation in that country. 

We can see that even sharp books are struggling these days, do you really think a soft book could operate without limits for any length of time.
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