A betting site was ordered to pay just over R$206,000 to a player diagnosed with gambling addiction by the Rio Grande do Sul Justice System.
In the ruling of the case, judge Paulo César Filippon stated that the platform failed to apply its responsible gambling policy and ordered the full restitution of the amounts wagered by the player.
The case is under judicial secrecy, and therefore the names of the company and the consumer were not disclosed.
Lawsuit, claims and decision
Throughout the process, the player claimed to have placed bets totaling R$90,000 over seven months and that, during that period, he suffered losses of more than R$200,000.
According to the Rio Grande do Sul Court of Justice (TJRS), the man reported that he has been diagnosed with psychiatric disorders and a gambling addiction.
He also explained that he gambled for long periods, during the day and in the early morning hours, making deposit after deposit.
On the other hand, as he pointed out, the company only kept encouraging him to bet and offered rewards for doing so.
The defense of the betting site stated that, besides being a legal and licensed company, all of its promotions and campaigns carry a responsible gambling warning.
In addition, the medical documents submitted by the consumer were insufficient to prove his condition.
However, according to the judge, the betting site company failed to implement measures to combat compulsive gambling.
“The platform’s own usage records showed repeatedly abnormal behavior, with excessive betting frequency, an extremely high volume of deposits, and continuous, prolonged gaming sessions, circumstances that are capable of demonstrating a concrete risk of gambling-related harm,” explained Filippon.
Even after identifying the pattern, nothing effective was done to limit or block the user’s compulsive behavior, other than sending generic messages and continuing to encourage gambling.
According to him, the player was unable to bet freely and consciously due to his gambling addiction diagnosis, worsening his psychological distress and debt.
Ruling points to legal trend
With the regulation of betting sites in Brazil under Law 14,790/2023, it has also become mandatory for companies in the sector to adopt and implement mechanisms against compulsive gambling.
In addition, there is also a specific ordinance, number 1,231/2024, which states that operators are responsible for monitoring players’ behavior.
If patterns of excessive betting are identified, companies are required to take the necessary intervention. If they fail to do so, they may be penalized.
And this is the legal trend in the country, as shown not only by the case in RS, but also in other jurisdictions.
A ruling in São Paulo determined that a betting site return part of the losses, in the amount of R$ 456,247.02, to a player due to failures in compulsive behavior monitoring.
In the Federal District, a judge annulled the bets placed by a consumer with gambling addiction and ordered a betting platform to refund more than R$ 337,000.