Back in March 2021, we reported extensively on whether it is a good idea to claim back casino losses afterwards. In the meantime, more and more start-ups and litigation financiers are pushing their way onto the market to encourage players to claim back lost money in online casinos through legal channels. Now the gambling industry is fighting back and for the first time an online casino is suing a player.
Claim by an online casino before the regional court is successful
An unnamed online gambling operator filed a lawsuit against a casino player back in 2021. The aim of the provider was to have the court determine that the player was not entitled to compensation for losses suffered. On May 3, 2022, the eagerly awaited hearing before the regional court finally took place. The court quickly made it clear that the affected player cannot claim back his casino losses. Consequently, the lawsuit of the online casino was granted on the same day. The online gambling provider was represented by the renowned Munich law firm Hambach & Hambach.
As early as June 2021, we reported on a case in which a player had tried in vain before the AG Euskirchen to claim back casino losses suffered. In this case, too, the online gambling provider was represented by the law firm Hambach & Hambach.
Players could be sued by the gambling provider in the future
In view of the fact that the first online gambling provider has now sued a player, it must be feared that other providers will now sue their players if they make unjustified claims for reimbursement of casino losses. In this case, the players risk having to pay significant legal costs if the respective online casino is proven right.
As early as December 2021, we reported on the first appeal judgment in which the Bonn Regional Court found in the second instance that the plaintiff player was not entitled to reimbursement of the casino losses suffered. According to its own statements, the law firm Hambach & Hambach has already won 14 judgments in favor of online gambling providers. In all cases, the law firm succeeded in fending off a claim for repayment. To this day, there is still no final judgment against clients of the law firm Hambach & Hambach.
Start-ups and lawyers make millions from the losses of the players
Recently, the number of start-ups that promise players uncomplicated and risk-free reimbursement of casino losses has increased significantly. For example, it says on the website of the law firm Staudt Rechtsanwälte Munich:
“The chances of success of an online casino lawsuit are very good, more than 90% of online casino lawsuits are successful. (…) After the lawsuit was filed, the casinos are also willing to settle.”
Furthermore, for example, the CLLB lawyers from Munich and the company RightNow GmbH have taken on the matter with the promise of “immediate compensation for your casino losses”. However, as a rule, the companies do not point out the risk of being sued by the respective online gambling provider. Other risk factors are usually not addressed either.
More and more mobile online casinos are successfully defending themselves against player lawsuits and are achieving success in court. Accordingly, the tide seems to be turning in favor of the gaming industry. Of course, we would also like to point out at this point that there is now a considerable number of judgments in which the courts agree with the plaintiff players and have ordered the online casinos to repay casino losses suffered.
However, at least some providers have contradicted or insufficiently argued here, so that the court followed the points of view of the suing players. It is important that the gambling friends do not get the impression that a risk-free game is possible. Such a conclusion would be fatal and wrong for everyone involved.