Juizado Especial de Sete Lagoas

MG Court upholds R$22.3 thousand block on user for fraud

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Novibet won a recent case in Minas Gerais involving the blocking of R$22.3 thousand from the account of one of its users for betting fraud.

In the lawsuit, a player demanded the release of the account and payment of the withheld balance, amounting to R$22,310.68, in addition to requesting R$10 thousand in compensation for moral damages.

However, the Single Jurisdictional Unit of the Special Court – 2nd JD of the Sete Lagoas District upheld the blocking of the balance and the account after the operator proved that the user had violated the terms and conditions of use by maintaining multiple accounts on the platform.

Proof of betting fraud

In the lawsuit filed against Novibet, the user demanded the unblocking of his account, the release of a balance of R$22,310.68, and payment for moral damages.

The operator, in turn, alleged that the suspension and blocking of the balance were carried out after identifying suspicious account activity.

As stated in the MG Court’s decision, Novibet alleged that the anti-fraud tools used (GeoComply and TruValidate) indicated that the user’s account was linked to another one.

In the ruling, the identification of fraudulent activity was proven by a series of improper practices.

After four minutes, he accessed the platform again, using the same IP address and device, to make a high-value deposit on the same bet.

The user denied that this would be considered betting fraud, since device sharing could occur in family environments.

However, the judge considered that other elements, such as registration information, IP, hardware identity, and the sequence of bets, were sufficient to prove the fraudulent activity.

Suspension and closure of account

Both the payment of the withheld balance and the unblocking of the account were denied by the Court.

In the decision, the contractual rules between Novibet and the user were highlighted, since they expressly prohibit the use of multiple accounts.

The Betting Law (number 14,790/2023) and Ordinance SPA/MF number 1,231/2024, which set out the rules for fixed-odds betting, were also taken into account.

As indicated by law, licensed operators have an obligation to implement measures to combat fraud, such as suspending or closing the bettor’s account, in addition to, in this case, voiding the bets placed.

Thus, the Court ruled the claims against Novibet unfounded, denying the user the R$22,310.68 claimed and the unblocking of the account.

It was recognized that there was a violation of the platform’s terms and coordinated action between accounts to circumvent betting limits.

The final decision also recorded that Novibet returned to the bettor the amount originally deposited.

Consequences for operators and bettors

Although it does not necessarily set a legal precedent, the MG Court’s decision confirming betting fraud in favor of Novibet indicates to operators the importance of implementing a set of measures to identify and prove multiple accounts.

For bettors, it is also clear that the argument that devices can be shared among family members at the same address cannot, by itself, counter the evidence gathered by the operator.

Although the amount originally deposited was returned, the case shows users of betting sites the consequences of trying to circumvent the rules established in the terms and conditions of use in the case of creating multiple accounts or other infractions.