Swedish court sides with Betsson in case versus gambling addict

Sweden’s Patent and Market Court has sided with Betsson after the operator was slapped with a lawsuit over alleged historic illegal gambling and aggressive marketing practices.

The dispute centres around an unnamed player, who was a customer of Betsson subsidiary BML Group between 2009 and 2014. During this period, the player deposited €700,000 (£603,000) into his account, with BML allegedly generating turnover of €15m (£12.9m) from the individual through online casino gambling.

BML Group reportedly sent the 54-year-old man marketing messages throughout the period via email and text message. The plaintiff claimed he was sent goodwill bonuses by BML Group in 2012 after he reduced his gambling spend at the end of 2011.

In 2014, the individual closed his account with BML and later sought medical help, after which he was diagnosed as having gambling addiction. It is understood the individual concerned used funds generated within his own business to finance his addiction.

In a court testimony reported by Swedish news outlet Dagens Juridik, the plaintiff’s lawyers said: “The financial consequences have been very great.

“The company he has built and worked at for about 20 years was declared bankrupt because of his gambling addiction. He was the sole owner of the company. He has suffered both physical and mental damage from his gambling addiction,” the testimony added.

Lawyers acting for the plaintiff sought SEK153m (£13m) in refunds and damages from BML on mental and physical health grounds, as well as claiming BML had illegally profited from his gambling.

In addition, the lawsuit alleged BML’s marketing practices amounted to harassment, and that the individual had been treated in a way contrary to Swedish consumer protection law.

Responding to the lawsuit, Betsson suggested its turnover did not amount to €15m, but rather to the original deposit amount of €700,000. It also claimed the plaintiff had not directly suffered any physical or mental damage, since he had gambled with his company accounts rather than with personal funds.

In addition, Betsson argued it had not used aggressive marketing and had instead used practices which were routine in the gambling industry at that time.

Judges at the court sided with Betsson, suggesting it could not be proved that BML Group was aware of the individual’s gambling addiction.

“Although the investigation shows that BML Group has to some extent been able to follow his gambling, it has also not been shown that the company can be assumed to have had such knowledge,” the court wrote.

The Patent and Market Court also dismissed claims of aggressive marketing.

The man has been ordered to reimburse BML Group’s legal costs and provide compensation of SEK2.08m (£176,962) to the firm following settlement of the case.

In a statement provided to EGR, a Betsson spokesperson said: “The case was about a customer who played with one of our brands during 2009-2014 and as the court found, we complied with all responsible gaming regulations that were in place during the period.

“In Betsson Group, we work hard to ensure that our customers can enjoy gambling in a safe and secure environment.

“We, together with most of the industry, have during the years developed strongly in the area of responsible gaming, and nowadays take good use of technological advances in this field.

“Tools, processes and techniques for monitoring and identifying risky player behaviours are constantly becoming more and more sophisticated,” Betsson added.