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The ASA can, and will, often rule in favour of the customer, even if that customer has technically contravened the terms and conditions of the offer or company.
Should the ASA judge the advert, or its terms, to be misleading they will generally come down in your favour. Betting sites and casino sites are obliged to adhere to advertising standards.
Also because this is the gambling industry there are additional restrictions on adverts. Betting ads and offers cannot be aimed in any way at children under 18 or vulnerable age groups and they cannot use sexualisation in their ads.
The agency will also take into account 'the spirit' of an advert and consider if the ad was designed to mislead even if it technically ticks complaints boxes.
It is not the job of the Gambling Commission to mediate customer complaints about individual accounts or bets.
If however you feel a bookmaker has contravened the terms of their licensing agreement, particularly in relation to the Gambling Act of and , then you can report an operator to the GC.
Read more about licensing and law requirements is our dedicated article, read more. Issues concerning operators breaking the law fraud and crime, failure to enforce safe gambling, not protecting vulnerable people, etc.
If, for example, you asked to be self excluded, or have your account restricted in some way, and an operator failed to do this properly then this would be breaking the law.
If a bookie allowed a child to gamble this would be breaking the law, etc. If you are gambling with an unlicensed operator then you do so at your own risk.
If they are not based in the UK which they probably won't be there is not a lot you can do, even through the courts. All sites listed at OnlineBetting.
Find out more about cookies. Your rights. Make a complaint about an ADR provider. We want to put consumers at the heart of everything we do so they have confidence they can gamble in a safe environment free from crime and protected from unfair practices.
You can help us by letting us know if you have concerns about the way a gambling business is being run.
Examples of information we would be interested in could include:. If you have a question about your gambling, or the gambling of someone close to you, our FAQs from gambling consumers during lockdown may provide valuable information.
Concern about a gambling business. We are now launching an investigation to determine whether we should exercise our consumer protection powers to tackle unfair or misleading behaviour in the industry.
The investigation is part of a joint programme of work with the Gambling Commission, to tackle issues around fairness and transparency in the gambling industry.
We expect to provide an update in early Updated further information for online gambling companies published. Further online gambling firm provide undertakings to CMA.
CMA writes to more online gambling firms about their practices. Further information for online gambling companies published.
Added link to speech providing an update on the investigation. A variety of gaming machines are available, categorised according to stakes and payouts, subject to strict regulation as to the limits of those stakes and payouts and the number of machines in any one location.
The uploading of gambling functionality onto electronic end-user devices should always be considered carefully. As far as players are concerned, they generally only commit an offence where they attempt to gamble whilst underage or cheat.
However, the way that British legislation addresses gambling is to set up a whole series of criminal offences and then provide that the possession of the appropriate licence is a defence.
Offences cover the unlicensed offer of gambling, the unlicensed use of premises for gambling, the promotion or facilitation of a lottery and so on.
The legal approach is to completely criminalise gambling but then to make exceptions for persons who comply with the licensing regime, pay the applicable tax, observe the applicable regulation and so on.
Alternatively, there are exceptions in the legislation for low-level or private gambling. The definitions in British gambling law are extremely broad.
Anyone who is involved to any material extent in the provision of gambling, or gambling software, may be committing an offence in the UK if they are not correctly licensed or if they cannot take advantage of one of the limited range of exemptions in the legislation.
Software suppliers, games suppliers, sportsbook platforms and certain other B2B suppliers may all be potentially licensable.
The British regulator is currently embarked on a series of enforcement actions against its licensees, as described above, including follow-ups from previous enforcement actions.
The usual pattern of regulatory enforcement is for the regulator to instigate a review of the operating licence in question, with the consequences described above.
At the time of writing, the regulator has not yet seen fit to prosecute mainstream gambling operators for failures in compliance, although there are frequent prosecutions of plainly illegal gambling operations — primarily unlicensed land-based operations.
To date, the typical outcome has been a substantial financial settlement which the operator has negotiated with the regulator in lieu of a formal statutory penalty.
The regulator is also beginning to make use of the system of personal management licences to act against individuals and there have been licence suspensions in cases where the regulator considered the operator to be substantially non-compliant.
To date, the Gambling Commission has relied on its statutory powers under British law and its contacts with fellow European regulators.