Dutch Online Casinos Face Legal Actions Over Pre-Regulation Player Losses
The Dutch online gambling industry is grappling with significant legal challenges as advocacy groups and law firms initiate class action lawsuits to help players recover losses incurred before the sector’s regulation in October 2021.
New Class Action Lawsuit Emerges
Advocacy group Gokverliezerterug is preparing to file a class action lawsuit against major online gambling operators, including Unibet, Bwin, and PokerStars. The group’s objective is to assist Dutch players in reclaiming funds lost during the period when online gambling was unregulated in the Netherlands.
This initiative marks the second mass claim in the country. In July, law firm Loonstein Advocaten launched a similar legal action, with reports indicating that over 20,000 individuals have joined the claim.
Koen Rutten, the lawyer representing Gokverliezerterug, emphasized the need to hold foreign online casinos accountable. “Many foreign online casinos ignored Dutch rules for years, assuming they would not get caught. They have to be held to account for that period, even though they now have licenses”, he stated. Rutten added that, supported by a litigation funder, they are prepared to take the proceedings up to the European Court if necessary.
Awaiting Supreme Court Clarification
So far, Dutch courts have delivered varied judgments on this issue. While some courts have ruled in favor of players against companies like Flutter-owned PokerStars and Kindred’s Unibet, others have sided with operators. Earlier this year, a court ruled that Entain-owned Bwin was not obligated to repay player losses, indicating a lack of consensus in the judiciary.
In June, the Dutch Supreme Court was tasked with providing clarity on whether gamblers can recover losses from unlicensed online providers. Lawyer Benzi Loonstein, involved in the ongoing legal actions, anticipates that the Supreme Court will issue its decision at the beginning of 2025. This ruling is expected to set a significant precedent for similar cases.
The Netherlands is not alone in facing such legal challenges. Several European countries, including Austria and Germany, are dealing with cases where players seek compensation for losses incurred before the implementation of gambling regulations.
