Recently, lawyers have been offering their services on social media and on Google, which allegedly can get back lost money from online casinos . Is that just theory and hot air or is there really something to it? In this post we will go into more detail about the possibilities and chances of success.
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Lawyers with the promise to get money back in the online casino
More than $ 227 billion flows annually to online gambling around the world. But the game does not actually bring a big boon for all gamers. Often they tried their luck, but suffered heavy losses. In this case, the players are now lucky because they have a very good chance of getting back the lost money quickly. Most contracts with online casinos are no longer effective due to a legal prohibition. Special agents on the net help to get the money back.
Until recently, many online games of chance were not allowed in Germany . Nevertheless, there were many offers on the net for such a business, in which billions flow. This is not an optimal achievement for every gamer. If the money was then pulled out of your pocket while playing, you will not be left without protection. The regional court in Giessen condemned an online provider who not only violated the ban, but also only owned a gaming license in Malta, which was not valid in Germany.
The online casino was sentenced to a cash repayment of 12,000 euros. This was the judgment of January 21, 2021 with the Az. 4 O 84/20. At the same time, the LG Hamburg awarded a man an analogous sum of around 12,000 euros. This online game of chance should not even have been offered in Germany (Hamburg Regional Court, judgment of July 5, 2021 with the Az. 319 O 27/21). So the game got its money back!
Although the individual providers were aware of the ban on online games of chance in Germany, they still offered the games of chance. For the players this means luck in bad luck and the chance to get a few thousand euros back.
Why can online gambling losses be reclaimed?
Online gambling was generally in Germany until July 1st, 2021 in accordance with § 284 StGB, § 4 Abs. 4 of the State Treaty on Gambling prohibited by law. With a few exceptions, the online casinos have therefore illegally operated the service in Germany. As a result, the players have a right to a refund of the stakes paid.
The repayment claims can exist against various institutions. These are the operators of the online casino, the payment service providers or the banks.
Claims for reclaim can therefore not only be made against the operators of the online casinos, but also against the payment service providers and the banks. Participation in payments in the sense of illegal gambling was also prohibited.
Even if a casino provider advertised with licenses from Europe, such as Malta, such gambling was not allowed in Germany. Gambling was also illegal in the event that an operator of the casino was licensed in one state, but the online player made the payment from another state. Almost all online casinos on the market in Germany were illegal until July 1st, 2021.
In order to be able to optimally control the flourishing illegal market for online gambling, the individual federal states agreed on the points of a new state gambling treaty in January 2020. The new state treaty came into force on July 1, 2021 and will allow online games of chance such as online casino or online poker in the future. The goal is first of all a uniform legal situation in Germany as well as the optimization of the protection of players and minors. Therefore, the contract primarily provides for a deposit limit of EUR 1,000 per month, binding participation in the player blocking system, the ban on simultaneous gaming with different providers and a ban on advertising for providers between 6 a.m. and 9 p.m.
So far, a number of judgments have been made in favor of the players. With that judgment of February 25th, 2021, the regional court in Giessen sentenced an operator of an online casino to repay lost stakes for the first time. Earlier court judgments against the casino operators were the so-called default judgments. All important information is also important for the players and can be read on the net.
The online casinos have to reimburse the players for losses – money back
If you have made high losses by gambling online, you can get the money back under certain circumstances. Various courts have given online gamblers the right to compensation. The chances of getting compensation are good – as long as they don't live in a certain federal state.
No matter whether blackjack, poker or roulette: online games of chance are largely prohibited in Germany – at least when you are playing for real money. Nevertheless, many providers offer these online casinos.
The State Treaty on Gambling should create a new legal basis for online casinos in July. Up to this point, however, these are only allowed in Schleswig-Holstein. These are prohibited in all other federal states. Most providers don't care about that. These make the casinos entirely available in Germany. From a technical point of view, it is not a problem to deny access to players who do not come from Schleswig-Holstein.
However, this can be fatal for the gambling operators. Several German courts had decided that the providers had to pay back the lost money to the customers if they played randomly in the online casino.
Examples – online casino money back
Usually a license from Malta applies. The defendant provider casinoclub.com, which belongs to the Bwin parent company Entain, has no license in Germany and for this reason is not allowed to offer the games of chance here. Here, Schleswig-Holstein is again the exception.
Fall Lapalingo Casino – money back
Similarly, a few weeks ago the Meiningen Regional Court (Az .: 2 O 616/20) ruled against the provider Rabbit Entertainment. This company has to pay back a player from Thuringia about 10,000 euros, which he gambled away on the Lapalingo website. There was also such a judgment against the provider Mr. Green.
However, most of the players in the field have licenses from Malta, the center for online gambling. However, according to the current State Treaty on Gambling, this is not sufficient for an appearance throughout Germany.
The games of chance with a legal protection mostly excluded. Anyone who has lost money at online casinos should have them checked whether they can claim the money back. In most cases, legal protection insurance should not be effective because games of chance are often excluded in the terms of the insurance. However, it is possible to take legal action on the basis of a mere success fee so that players do not dare to throw any more money after the losses.
Case Law About Paying Back Money Online Casinos
The jurisprudence of the LG Hamburg and also the LG Giessen should therefore, according to the opinion of the experts, now become doomed after the gambling operators. In addition to the decisions considered, many other courts in Germany have ruled that the operators of an online casino are obliged to repay all lost money stakes if there was no German license for that game of chance.
Many players ask themselves the question of exactly where online gambling is prohibited and how they can reclaim the lost money. Experts help with the enforcement of the claims. Since they cooperate with a litigation cost financer in such cases, they can claim the support themselves at no cost of their own. Various requirements must be met for this.
It should be noted that many operators of the online gaming platforms are not based in Germany. The reason for this is obvious: on the one hand, German taxes are particularly high in contrast to other countries and, on the other hand, there is a high level of consumer protection in the country.
These two aspects can be avoided if the provider is not based in Germany. For this reason, most of the operators of online casinos are relocating their headquarters to the casino-dominated country of Malta. The company casinoclub.com, which is part of the Bwin company Entain, has its registered office in Malta.
What most operators of online games of chance do not pay attention to is that the Maltese license alone is not sufficient to legitimately offer games of chance on the German market.
The general rights of players to claim their money back
One of the important reasons for the repayment of the money is that – with a few exceptions – online gambling was illegal in Germany until June 30th, 2021. On the basis of Paragraph 4 Para. 4 of the previous State Treaty on Gambling, casinos were legally banned in Germany.
However, the previous ban not only affects civil law, but also criminal law. Public gambling is prohibited in particular under Section 284 of the Criminal Code. An exception is if there is an official approval. However, this was not the case in the case of an online casino in Germany.
Therefore, there are two general aspects with regard to illegal online casinos in Germany. These are the criminal and civil law aspects.
The operators of an online casino are making themselves – at least so far – a criminal offense. However, these have little to fear in practice, as their headquarters are often abroad, mostly even outside of Europe. At the same time, the civil law aspect deals with the question of whether the player can claim back the lost money from an online casino.
In the past, the online casinos were of course illegal, but were nevertheless more often tolerated by the responsible authorities. Due to this fact, many players in Germany alone have lost several billion euros in stakes. When that money is reclaimed, the many operators face a bigger problem.
The claims for repayment can exist not only against the provider of the casino, but also against the banks and payment service providers, for example PayPal. In general, various aspects can be noted in relation to the possible repayment of lost stakes in online casinos. The range of online casinos in Germany was not only illegal, but the providers made or even made themselves punishable.
Some online casinos are now legal on the basis of the new State Treaty on Gambling since July 1st, 2021, but this is not valid for all offers.
The players in the online casino have now even for the past ten years the opportunity to reclaim lost stakes from the operator of a casino or from payment service providers or banks.
In order to optimize the control of online gaming, the federal states in Germany agreed on the new State Treaty on Gaming at the beginning of 2020. This came into force on July 1, 2021. On the basis of the new state treaty, some online games of chance and also online casinos are now legally binding.
In the foreground of the new State Treaty on Gambling is above all the improved protection of online gamblers and better education about the dangers of addiction to online gambling. There are also other requirements that the operator must meet. This includes the deposit limit of a maximum of 1,000 euros per month, the ban on gaming with various providers and participation in a player blocking system.
You shouldn't gamble away thousands of euros in online casinos in the hope that you will get the money back, because this only works in very few cases. However, if you have the courage, the time and the necessary change, you can definitely try to get your lost money back.
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