PLAYER CLAIMS
Is Sweden the next frontline for ex-player reimbursement claims? A CASE CURRENTLY IN SWEDEN’S HIGHEST COURT COULD OPEN THE DOOR TO A FLOOD OF PLAYER CLAIMS AS PETTER LARSSON AND STEFAN WIDMARK REPORT
Introduction Following the recent avalanche of filed ex-player reimbursement actions sweeping through central Europe, a judgment from the Swedish Patent and Market Court of Appeal in favor of an ex-player has made operators worry that Sweden could be the next frontier. Unlike the judgments in e.g. Germany and Austria, the liability is not based on illegal/ unlicensed gambling operations, but – to put it briefly – on unsolicited marketing offerings to a customer with gambling issues. While the judgment has brought cheers in the ex-player community, the Supreme Court’s rare decision to allow an appeal has caused a litigation limbo pending its forthcoming ruling. The ex-player lawsuit The case concerns an ex-customer which enrolled on an operator’s platform in 2009, i.e. prior to the subsequent
reregulation of the Swedish gambling monopoly in 2019. At that time, there were no statutory RG requirements in Sweden. The monopoly-licensed, state-owned operators were, however, subject to certain RG obligations laid down in their respective gambling licenses. As with many others, the operator at issue provided its online betting services from outside of Sweden to Swedish customers. As in many other jurisdictions, this was somewhat controversial at the time and ultimately resulted in the reregulation in 2019. However, the business model was fully legal as the operations were conducted abroad and thus not encompassed by the Swedish monopoly. Due to frequent online slot gambling, the customer at issue was given VIP status in January 2012 which involved him being appointed a customer manager employed by the operator and from whom he received gifts, holiday packages, and special offers. In parallel, the customer also received generic marketing e-mails which included bonus offers and
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IMGL MAGAZINE | DECEMBER 2024
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