home | about us | contact | site map | credits | disclaimer | bookmark

Online Casino News


Tuesday, March 04, 2008

Interwetten confiscation of more than £5000


Promotion text

Screenshot of terms

Interwetten response

Analysis of response

Maltese law


On the 3rd and 10th of February 2008, Interwetten sportsbook and casino ran what looked like a very good promotion on their non-download casino which uses software supplied by Chartwell. The relevant text went thuswise:


Sunday Cashback Madness

How it works:

For every EUR 100,00 you lose at the Interwetten Online Casino, you get EUR 10,00 back.

Terms and Conditions:

This promotion is valid to all Interwetten Casino Real Money customers.
Promotion days in February 2008 are:

Sunday, 03.02.2008 00:00 CET bis 23:59 CET
Sunday, 10.02.2008 00:00 CET bis 23:59 CET
Sunday, 17.02.2008 00:00 CET bis 23:59 CET
Sunday, 24.02.2008 00:00 CET bis 23:59 CET

This promotion is subject to Interwetten Casino standard rules, terms and conditions.

To qualify for the cashback bonus you must make a transfer of funds from your Sportsbook real money account in to Casino chips and wager at least EUR 100,00 on the respective promotion day at Interwetten Online Casino.

For each EUR 100,00 loss at the Interwetten Online Casino, the customer will get EUR 10,00 Chips credited to his Interwetten Casino account.

The bonus will be credited to the customers account on one of the following days. There are no wager requirements for the Cashback Bonus.

Interwetten Casino reserves the right to refuse all promotions and bonuses to players who do not comply with this condition.

Interwetten may cancel, terminate, modify or suspend the promotion or these terms and conditions at any point and for any reason, including for technical reasons such as and not limited to computer viruses, bugs, tampering or technical failures.

We will remove prize credits from the account of any member who fails to comply with any of the above conditions.

Management decision is final. No discussion will be entered into.


Here are the full terms as I took them as a screenshot on the day:


Interwetten terms page one
Interwetten terms page two


The terms are quite unusual, as they state that for each €100 loss they would refund €10, or 10%. Cashbacks are usually based on net losses for the day, but this looked different. I had no idea if the text was a misrepresentation of the deal, so I decided to check it out on the second Sunday and see what was what.

As such, on Sunday 10th February I played, and sure enough, as per the above description, for each €100 lost I was refunded €10, or in my case, GBP 6 for GBP 60 lost

By the end of play I had racked up winnings of over £5000 ($10,000), at which point I transferred my total balance of over £6000 back to the sportsbook and logged out.

Next day, my account was locked.


After a non-committal series of emails, I received the following email from Interwetten:


Due to a technical problem, an erroneous bonus payment was issued in the Casino on February 10th, 2008.

The bonus was wrongly issued after each Casino transaction and then credited to your bonus balance, not on the following day as it is specified in the terms and conditions.

Furthermore, bonus credit was able to be generated through the bonus itself, which is ruled out by the bonus regulations.

The bonus terms stated: 'The bonus will be credited to the customers account on one of the following days.'

Due to the terms and conditions, the promotion had to be cancelled, as there had been an obvious technical failure:

'Interwetten may cancel, terminate, modify or suspend the promotion or these terms and conditions at any point and for any reason, including for technical reasons such as and not limited to computer viruses, bugs, tampering or technical failures.'

In your case, all casino transactions starting from Feburary 10th, 2008, 00:00 a.m., had to be voided. This includes the refund of all real money losses, instead of only 10% of the real money losses, plus the cancellation of the complete erroneously created bonus.

We want to point out that there is no disadvantage to your account, as not 10 % as stated in the bonus offer, but the complete amount of losses has been refunded.


There are a number of problems with this course of action.

1) Interwetten said:


Due to a technical problem, an erroneous bonus payment was issued in the Casino on February 10th, 2008.


The terms stated what happened: 10% of each loss amounting to €100. The text is not vague, it's absolutely categoric. There was nothing erroneous about the bonus payment. It was made exactly as the terms suggested it would be made:


For each EUR 100,00 loss at the Interwetten Online Casino, the customer will get EUR 10,00 Chips credited to his Interwetten Casino account.


This was what was stated, and this was what happened. There was no discrepancy, mistake or error in the performance of the software in relation to the given terms.


2) They state that the rebates were 'wrongly issued' up front as opposed to the next day:


The bonus was wrongly issued after each Casino transaction and then credited to your bonus balance, not on the following day as it is specified in the terms and conditions.


Whether or not it should have been issued immediately, tomorrow, next week or next month, €10 for €100 lost does not change. The timing of the rebate is immaterial to the amount – I would still be owed €10 for each €100 lost as per the terms. The only material difference would be that with the bonuses being credited immediately there was less liklehood of having to redeposit, but still this does not affect in any way the amount owed, €10 for each €100 lost.


3) They state that money cannot be won with bonuses:


Furthermore, bonus credit was able to be generated through the bonus itself, which is ruled out by the bonus regulations.


The bonus credits being, at the point of their posting into my balance, my money and NOT bonuses, then what I do with them is my business. I can win, lose, or simply withdraw. They are my money. They are NOT bonuses. They are therefore not subject to bonus regulations.

This point may need further explanation if you are not acquainted with the nature of the Chartwell bonus system. If your eyes start to glaze over, skip this bit:

Chartwell bonuses are almost always issued post-wager, ie. after you've completed whatever terms are associated with the bonus. They are not posted direct to your balance. Sometimes they ARE, however, and when you wager with a Chartwell bonus credited BEFORE the requirements are met (ie, upon deposit / transfer), any wagers you make with the bonus itself do not qualify for the bonus terms, because they are not your money yet.

However, these bonuses, generated during the Interwetten cashback promotion, had no terms attached to them. As soon as they appeared as a part of the 10% rebate, they were mine as basically fully cleared and earned as per the terms - the 'condition' for their receipt was simply to lose €100. As such, they are no longer 'non-withdrawable bonuses'. My money is my money, as is the case with any bonus whose requirements have been successfully completed, and money which is no longer anything but mine is not bound by terms relating to other types of casino money, ie. unreleased bonuses.


4) The casino uses phrases like 'technical error', 'false amounts' and 'erroneously created', all of which is fair enough: if they made mistakes, if they set things up in a way which, in retrospect, they wish they hadn't, that's all well and good. We all make mistakes occasionally; I've made a few 'errors' of my own which have cost me money. However, it's my responsibility to pay for them when I make them, not someone else's. If Interwetten made 'technical errors', then it's their job to accept responsibility for them also. There should not be one rule for the players and one for the casino on the basis of the casino having the money and being in a position of strength as such. That is unfair and very anti-consumer, and is also in contravention of the 'Unfair Terms' laws of Malta.


5) One final point. Interwetten claims that I have not been disadvantaged:


We want to point out that there is no disadvantage to your account.


This is an absurd claim. They have confiscated over £5000 of my money. I consider this a great disadvantage, as I'm sure anyone would.


I have been looking at aspects of Maltese consumer law: here is the Malta Consumer Affairs Act of 1996.

Essentially, Interwetten claims to have made a mistake:


The bonus was wrongly issued after each Casino transaction and then credited to your bonus balance, not on the following day as it is specified in the terms and conditions.

Due to the terms and conditions, the promotion had to be cancelled, as there had been an obvious technical failure:

'Interwetten may cancel, terminate, modify or suspend the promotion or these terms and conditions at any point and for any reason, including for technical reasons such as and not limited to computer viruses, bugs, tampering or technical failures.'


Take a look at PART VI of the Consumer Affairs Act, 'Unfair practices', which starts on page 22 of the PDF file:


44. 1. It shall be unlawful in consumer contracts to use unfair terms, or terms or combination of terms which are unfair in that they have as an object or effect any of the objects and effects referred to in subarticle (2), and any term prohibited as aforesaid inserted in any consumer contract shall be deemed never to have been so inserted.

2. The terms referred to in subarticle (1) include terms which have the object or effect of -

a) excluding or limiting the liability of a trader by reason of his own fraud or gross negligence or that of his employees or agents, or by reason of any failure to fulfil an obligation constituting one of the fundamental elements of the contract.


Interwetten says there was an 'obvious technical failure', but according to the Maltese law above, Interwetten's negligence or failure does not limit its liability. If they made a mistake, then I cannot be reasonably punished for it. The responsibility lies with Interwetten and not with the customer.

Additionally, there was no 'obvious technical failure', as the terms stated exactly what subsequently happened:


For each EUR 100,00 loss at the Interwetten Online Casino, the customer will get EUR 10,00 Chips credited to his Interwetten Casino account.


The text is categoric. There is no mention of a 'net overall loss', the text says that EUR 10 will be credited for each EUR 100 lost.

However, in the event that this may be considered in any way unclear - and it seems to be extremely clear - then article 47 (2) covers issues of 'abbivalence' (page 25 of the PDF file):


47. 2) Where any term is ambivalent or any doubt arises about the meaning of a term, the interpretation most favourable to the consumer shall prevail.


As such, if there were any doubt about the exact nature of the cashback deal on the basis of the wording of the terms, then an interpretation that favours the player must prevail. That interpretation being exactly what happened whilst playing (€10 credited for each €100 lost), I do not see that there is any room for another interpretation.

There are several other applicable examples of unfair term definition in article 44 2) (a) to (x), one such being this:


45. (1) An unfair term means any term in a consumer contract, which on its own or in conjunction with one or more other terms;

(a) creates a significant imbalance between the rights and obligations of the contracting parties to the detriment of the consumer;


So when Interwetten not only 'suspended the promotion', but in fact suspended it retrospectively, after all play had been completed, then that term's application gives rise to an extraordinary imbalance to the consumer's detriment. Interwetten may suspend anything and everything they want to, but they must not do this after the fact and so place the customer at an extreme disadvantage. They must treat me fairly first, and pay what is owed. Then they may suspend at will.

In summary: Interwetten offered a cashback promotion in which I participated and which performed exactly as was described in the terms and conditions. They then changed their minds after the fact, claimed a 'mistake' and voided my winnings in excess of £5000. Aside from being grossly irresponsible business practice, Interwetten would appear to be in contravention of Maltese law in so behaving.


I posted about this matter at Winneronline, in the Interwetten: substantial winnings confiscation issue, and a week or so later a thread appeared at Casinomeister, Interwetten confiscating winnings, so there are clearly other players who were caught up in this. I have now complained formally to the Malta Lotteries And Gaming Authority, by whom Interwetten is licensed.

Page top



Thursday, February 07, 2008

Lucky Ace Casino: winnings stolen in direct contravention of terms and conditions


Lucky Ace Casino, a white label casino of the 888.com brand and regulated by the Gibraltar Regulatory Authority, has generated an avalanche of player complaints on the back of large scale confiscation of winnings.

Lucky Ace Casino was launched in January 2008 - see news items Another white label for 888.com and Kamay and 888 launch online poker and casino sites, from the Casinomeister news service, for some background information.

As early as the end of that same month, Lucky Ace started generating player complaints: players were depositing, receiving the $200 sign up bonus, playing and then cashing out after fulfilling the casino's terms as required.

At this point, the following form letter was received:


This is Gareth C from the Operations Department at Cassava Enterprises (Gibraltar) Ltd. Cassava Enterprises manage operational services for LuckyAceCasino.com. I am contacting you in regards to your account with
username XXXXXXX.

I am writing to you with regards to your recent email concerning your account and the documents supplied. Please note that we have further reviewed your account and believe that you have been abusing our bonus policy.

As stated in our Terms and Conditions, in the event of such abuse, we reserve the right to discontinue the member's account. As such your membership has been discontinued. Arrangements have been made to return your initial deposit.

Please refrain from opening further accounts with any site operated by us as these also will be blocked and any deposits liable to be forfeited.

Regards,

Gareth C
Operations Department
Cassava (Gibraltar) Ltd.
operations@cassava.net


Accordingly, all winnings were confiscated.

Unfortunately for Lucky Aces, there are several problems with the above actions:

1) The Lucky Aces legal warning does not actually state that winnings may be confiscated - they only mention "bonuses":


Lucky Aces casino legal warning



...the Company may, at its sole discretion, deny, withhold or withdraw from any user any bonus or promotion.


As such, by confiscating winnings, the casino is in contravention of its own stated terms.

2) Lucky Aces answers to the Gibraltar Regulatory Authority, a governmental body which is extremely accountable. The "confiscation clause"...


In the event that the Company believes a user is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a gaming policy adopted by the Company...(etc)"


...is extremely vague and unfair. It talks about what the company "believes" and what may be "likely" to happen, and it also fails to define either "abuse" or "good faith". This is an extremely unsatisfactory clause, and is effectively a license to steal on the part of the casino.

According to the Gibraltar Unfair Terms in Consumer Contracts Act:


Unfair terms

4. (1). In this Act, "unfair term" means any term which contrary to the requirement of good faith causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer.

Assessment of good faith

In making an assessment of good faith, regard shall be had in particular to -

d) the extent to which the seller or supplier has dealt fairly and equitably with the consumer.


In this instance, it would seem there has been an extreme unbalance to the detriment of the consumer, and no consumer has been dealt with fairly: the players broke no rules in their play and did everything that the casino required of them in order to be able to legitimately cash out their balances with bonuses intact. They wagered the required amount. They played no "excluded" games. They did nothing wrong. On the basis of a clause based on the casino's "belief" of what was "likely" to happen, the casino has confiscated legitimately won money.

These actions violate the casino's own stated terms, and they most certainly also violate the Gibraltar government's own rules on unfair practice - a government to which their regulator answers directly.

Players have been encouraged to file a GRA complaint, as well as complaints also with Casinomeister, whose complaints manager Max Drayman, after an extremely confused and anti-player start, has now agreed that the players have legitimate complaints and is looking into the matter.

For relevant forum discussion of this matter:

Winneronline Lucky Ace Casino (Cassava/888): bonuses and winnings stolen in contravention of terms

Casinomeister Lucky Ace Casino

Lucky Ace Casino has not reconsidered the matter, and all winnings remian confiscated.

This casino should certainly be avoided at all costs.



Thursday, January 17, 2008

The Kahnawake Gambling Commission whitewash of Absolute Poker


For anyone unfamiliar with this matter: Absolute Poker, servers located, like many rogue operations, within the Mohawk Kahnawake territory, was caught in a cheating scandal in which hackers were able to read opponents' hole cards and gain an insurmountable advantage. The matter was commented on at length in the Two Plus Two poker forums.

The Kahnawake Gambling Commission, who were looking to get their operations sanctioned by the UK Gambling Commission, saw an opportunity for some good press and decided to actually investigate. This was not before Absolute Poker had deleted all the relevant game logs in a bid to muddy the waters.

One assumed the audit, like all other Kahnawake action to date, would be a useless whitewash. One was not disappointed. Here is the report.

Kahnawake Gambling Commission report on Absolute Poker incident


In the matter of Absolute Poker
Investigation regarding complaints of cheating

Decision

The Kahnawá:ke Gaming Commission (the "Commission") first received complaints concerning this matter on or about October 16th 2007. The essence of the complaints was that one or more persons associated with Absolute Poker ("AP"), while participating in live poker games with players, had been using software that enabled that person or those persons to see the "hole cards" of each of the other players. For the purposes of this decision, the aforementioned activity, and activities necessarily incidental thereto, will be referred to as the "impugned activities".

As a result of the received complaints, the Commission initiated an investigation into AP's operations. The scope of the investigation was broadly defined with the objective of determining whether the impugned activities had occurred and, if so:

? All the facts and circumstances related thereto;

? Whether affected players had been reimbursed for any losses that resulted from the impugned activities;

? Whether AP had breached one or more of the Commission's Regulations concerning Interactive Gaming (the "Regulations") and, if so, the appropriate sanctions that should be applied.

? The appropriate measures that should be implemented to ensure that the impugned activities - or any other improprieties - would not be repeated.

On October 17th 2007, the Commission mandated its approved agent, Gaming Associates, to carry out the necessary inquiries, audits and reviews of AP's systems and personnel. Over the course of approximately 10 weeks Gaming Associates fulfilled its mandate and obtained extensive information from AP's operations in various locations around the world; which it has provided to the commission. Based on this information, the Commission makes the following findings of fact:

1. That commencing on August 14 2007 and thereafter for a period of approximately six weeks, the accounts listed below were used to compromise AP's system by participating in live poker games with players using software that enabled the viewing of the "hole cards" of each of the other players, resulting in unfair play. The Commission has identified the person(s) responsible for the impugned activities and has directed that AP take action to have these person(s) removed from playing any role in AP 'mind and management' and/or operations, and to provide proof, acceptable to the Commission, that this has been done.

GRAYCAT
PAYUP
STEAMROLLER
POTRIPPER
XXCASHMONEYXX also known as SUPERCARD M55
DOUBLEDRAG
RONFALDOXXB also known as ROMNALDO

2. That subsequent to the impugned activities taking place, person(s) associated with AP's operations deleted certain gaming logs and records which had the effect of hampering the Commission's investigation ? but which did not prevent the commission from obtaining sufficient information on which to base finding number 1. Except with respect to these actions, the Commission is satisfied with the level of cooperation provided by AP management and staff throughout the investigation.

3. That there is no evidence to indicate that the impugned activities were authorised or sanctioned by AP as a corporate entity ? either through its Board of Directors or its principal ownership. There is no evidence that the impugned activities benefited, or were intended to benefit, AP as a corporate entity.

4. That the principles of AP failed to contact the Commission within 24 hours after they became aware the impugned activities had occurred.

5. That shortly after the impugned activities became publicly known, AP made expeditious efforts to appropriately reimburse all players who had participated in games in which the impugned activities had occurred, with interest. The Commission is satisfied that affected players have been appropriately reimbursed. However, if any player provides the Commission the evidence that he or she participated in a game in which the impugned activity occurred, and that such player has not been appropriately reimbursed, the Commission will direct AP to appropriately reimburse that player. To be considered, any such complaints from players must be received by the Commission within sixty days of the date of this decision.

6. That AP has taken the appropriate actions to address the vulnerability in its systems that allowed the impugned activities to occur and to prevent its systems from being compromised again by the impugned activities.

In view of these findings of fact, the Commission finds that AP has breached the following sections of the Commission's regulations:

261. A person must not, in relation to an authorised game, dishonestly obtain a benefit by any act, practice or scheme or otherwise dishonestly obtain a benefit through the use of any device, equipment or software.

270. In the event of an Authorised Client Provider, Approved Agent or any other employee or agent of the commission becomes aware, or reasonably suspects that

a) a person, by dishonest or unlawful act affecting the conduct or play of an authorised game, has obtained a benefit for the person or another person; or

b) there has been an unlawful act affecting the conduct or playing of an authorised game;

within twenty four (24) hours of becoming aware of, or suspecting, the dishonest or unlawful act, the person who becomes aware must give the Commission a written notice advising the Commission of all the facts known about the matter.

245. Unless the information previously contained in the gaming record is kept in another way under an approval of the Commission, an Authorised Client Provider must keep a gaming record for five years after the end of the transaction to which the record relates.

275. A person must not obstruct an Inspector in the exercise of a power or someone helping an inspector in the exercise of a power.

As a result of its breaches of its Regulations, the Commission hereby imposes on AP the following sanctions:

1. The Client Provider Authorisation ("CPA") held by AP is hereby amended to include the following conditions:

(a) All aspects of AP's operation will be subject to random audits of logs and records, conducted by the Commission or its approved agents, over the next two years ? the costs of which will be paid by AP. If, as a result of these random audits, the Commission is provided with information indicating that AP has breached any provision of the Kahnawá:ke Gaming Law, the Regulations, the conditions attached to its CPA or any other directions of the Commission, AP's CPA may be suspended or revoked in accordance with the procedures set out in the Regulations.

(b) AP must immediately implement a continuous compliance program, and other related remedial measures, as directed by the Commission.

(c) Those person(s) responsible for the impugned activities to be permanently removed from playing any role in AP ?Mind and Management? and/or operations and proof, satisfactory to Commission, that this has been done.

2. Fine the amount of US $500,000 payable in full within 60 days.

3. Posting of a security deposit of such type and amount that is acceptable to the Commission to be held by the Commission for two years, or such other period of time that the Commission deems necessary, to be used to off-set the cost associated with any future breaches of the Kahnawake Gaming Law, the Regulations, the conditions attached to its CPA or any other directions of the Commission.

4. AP to pay to the Commission all costs associated with the Commission's investigation into this matter, including costs related to the audit conducted by Gaming Associates and any follow-up matters. These costs include any ongoing work that must be performed as a result of the audit and the decision.

ISSUED within the Mohawk Territory of Kahnawake, this 11th day of TsoThohrkowa January, 2008.

KAHNAWÁ:KE GAMING COMMISSION


1) The people responsible have not been named, irrespective of the fact that Kahnawake know who they are. There is to be no criminal prosecution of these people.

2) Absolute Poker has received the sum total of a fine of GBP £250,000. In spite of the most blatant act of cheating their players, Kahnawake has not pulled Absolute's license, in addition to not recommending criminal action. Absolute Poker continues to happily reside on the Kahnawake servers.

3) Kahnawake has required that Absolute Poker "not do this again". People may remember the Golden Palace olympic sabotage events of a couple of years ago, after the first one of which Kahnawake also required that GP "not do it again"; GP did do it again - and Kahnawake did nothing. One can reasonably assume that if Absolute repeat this, Kahnawake will likewise do nothing.



Sunday, July 22, 2007

HippoJo casino: payments have stopped


I came across HippoJo Casino, a relatively new Real Time Gaming operation, from Brian Cullingworth's Infopowa news report Hippo Jo Launches With RTG software thread, in the forum at Casinomeister:

Also, see the Casinomeister HippoJo launch news entry in the April news section.

These reports contain some pretty upbeat language:


Experienced Aussie online gambling know-how is behind this newcomer


The site is clean and professional looking, with round-the-clock Support. In the event of any disputes that cannot be settled at casino level, the management have agreed an arrangement whereby the independent advocacy services of the experienced Casinomeister portal will be called in.


HippJo is owned by a Cyprus registered company called Trustbond Services Limited, and we can reveal that the substantial backers have retained the services of a highly experienced and respected Australian online gambling consultant


Marketing for Hippo Jo will be carried out by Four Monkeys Pty Ltd...The Four Monkeys team has been involved in online casinos since 1999 and origininates from the early days of the industry when it was involved in setting up an online casino for the Queensland State Government.


So, I was happy to patronise an apparently well-funded and knowledgebly run operation, notwithstanding its youth and the fact that the company's software choice, RTG, has a generally bad repuation as a hands-off licensor which does not police its licensees or offer any player backup.

I successfully cashed out on three occasions, but having been paid pretty swiftly on the first two, payments have now completely stopped.

There have been no payments for almost five weeks.

Support staff say the problem is with Neteller - there is a technical difficulty preventing Neteller payments from the casino's merchant account to players' Neteller accounts. I have queried this with Neteller, and not only can they not tell me when this apparent technical difficulty will end, they cannot even confirm the problem - I have been pursuing the matter with them now for two weeks and they have failed to tell me anything at all. Since it should take no more than a few mouse clicks to establish whether or not HippoJo's account is fully functional, this is extremely odd.

It's also worth bearing in mind that there are no technical difficulties affecting payments from other merchants - all other Neteller withdrawals I've made have been paid in good order. Additionally, the Neteller deposit option has not been disabled from the casino software, so as far as I can see there is no problem with a player depositing FROM his Neteller account TO HippoJo casino. The problem only exists the other way around.

HippoJo assured me of daily updates until the matter was concluded. These updates, though regular at first, have now stopped.

The most recent communication I received from the casino accounts department was an assurance that payment would be made, but with no possibility of a timescale.

I am currently growing cynical of the Neteller failure claim, and am coming round to the opinion that the problem is funding-based - I believe HippoJo over spent on its marketing budget, leading to a funds shortfall. This is conjecture on my part, but it's the only explanation that has credibility at this point, for at least two reasons:

1) That a "technical problem" preventing payments would exist for five weeks, caused and unresolved by Neteller, seems absurd.

2) Neteller's complete silence on the matter is indicative of a problem at HippoJo's side - Neteller would have no reason to deny a technical problem of their own, but would be understandably reluctant to reveal that their merchant is being dishonest, which would be the case if they were to acknowledge that there was no problem with Neteller.

Hopefully HippoJo will sort itself out and resume payments, but this is not what one expects from a casino for which claims such as "Experienced Aussie online gambling know-how is behind this newcomer" were made from respected sources, and which had apparently "retained the services of a highly experienced and respected Australian online gambling consultant".



Friday, June 22, 2007

Microgaming All Aces video poker added to Hundred Percent Gambling


Microgaming All Aces video poker has been added to HPG.

Games with house edges under 0.1% are few an far between, but with perfect play this is one of them.

Familiarise yourself with the play strategy, because although All Aces is a Jacks Or Better variant, there are sufficient differences between the two paytables to make the application of Jacks Or Better strategy very much sub-optimal.

With accurate play this is an excellent game.



Tuesday, May 29, 2007

Neteller: sending payments from customer accounts without customer authorisation


In late May 2007, in the Prime Casino remove my money from Neteller thread at Casinomeister, a player reported having a winnings' withdrawal, originally paid into his Neteller account two weeks previously from new Microgaming operation Prime Casino, reversed out of his Neteller account, by Neteller, and returned to the casino.

The payment back to the casino, from the player's Neteller account, was not authorised by the player and it was done entirely without his prior knowledge.

The fact of Neteller's ability to effectively perform a "chargeback" on a player and return player funds to the casino merchant they come from, without the players' authorisation, was apparently corroborated by the manager of the casino in question:


There is nothing I can do about Neteller "pulling back" payouts. This is something that every Casino is able to do and I don't imagine that it's going to change any time soon.


As such, it's now apparent that player funds are not safe in Neteller, because casino merchants can request that payments made to players be returned to them; neither does the request need to be immediately after the transfer took place - the reversal in question took place fully two weeks after the payment was originally sent from the casino. One has to assume therefore that any payment, however many weeks or months previously it was sent, can be taken out of a player's Neteller account and sent back to whichever casino originally sent it.

Aside from being a quite flabbergasting betrayal of the client / Neteller relationship - imagine the consequences if a bank or credit card company plundered a customer's account to send a payment without that customer's authorisation - it is also in direct breach of Neteller's own terms of use:


neteller terms


10.5. You acknowledge and agree that all electronic money purchases, transfers or withdrawals into or out of your Account are final and not reversible. NETELLER cannot arrange for your Account to be refunded where you believe the purchase, transfer or withdrawal was made in error.


As such, Neteller is operating in direct contravention to its own rules. These are the rules which, as a player customer, you sign up and agree to.

Neteller is regulated by the UK Financial Services Authority - see the Neteller entry.

The FSA have guidelines for correct behaviour towards customer - see the FSA Treating customers fairly page:


Outcome 5: Consumers are provided with products that perform as firms have led them to expect, and the associated service is both of an acceptable standard and as they have been led to expect


Clearly, the product in question - a financial transfer from customer to casino - has not performed as one has "been led to expect", since Neteller's own terms state that such a transaction may not be reversed.

As such, Neteller would appear to be in breach of their agreement with the FSA.

Further details will be reported as they emerge.

The matter is also under discussion in the Prime Casino thread at Winneronline.



Wednesday, March 21, 2007

Lou Fabiano responds to the charge of selling a confidential player database


There has been much discussion of, and opining on, the matter of the sale of confidential player databases since the re-emergence of the database sale offer made by well known online casino affiliate and owner of the CAP affiliate board, Lou Fabiano - see my previous article Casino Affiliate Programs owner Lou Fabiano selling confidential player details for background information.

At the end of a lengthy discussion on the GPWA forum, in the Player database sales discussion thread, Lou Fabiano finally emerged to make the following comments, after which the GPWA owner Michael Corfman immediately locked the thread, curtailing any further discussion and thus permitting no response from those who were unhappy about the situation or felt that Fabiano's comments needed redressing:


Fabiano's response

If you frequent CAP you know we have ALWAYS advocated responsible marketing practices by affiliates. We have come out on numerous occasions as being clearly against SPAM, Scumware and Blackhat practices. Most of you have known me for years and you already know that about CAP.

The post that allegedly took place was from two years ago. I did NOT make that post. It's either a total fabrication or it's a post made by a person with admin access we had a problem with several years ago and let go. It's not in our database and if I had seen it years ago I would have deleted it. I am not perfect, no one is, but this is really an unfair and hateful attack that has no obvious benefit to anyone.

I don't expect the the antagonists staging this circus to accept that. They dont want an explanation or dialogue, they want blood and to damage me and CAP. They are not trying to change anything or protect anyone, it's just a malicious smear campaign based on a thread that supposedly occured over TWO YEARS AGO. Instead they will hammer away until someone steps in and stops them. That's apparent after two week of this barage.

I believe their self serving motivations are obvious and I am not interested in wallowing in the mud with these dirt bags and unethical liars, so I wont be posting again in this thread.

I hope the next time I post here it will be under far happier circumstances.

Thanks for hearing me out.


Fabiano states that the post in question may be a "fabrication". Yet a clear screenshot was taken, and the post itself was subsequently commented on by GPWA member Michael Bluejay. There is no way to quote from a fabricated post based on a fabricated screenshot. It is physically impossible to do this.

Fabiano does not address this fact; clearly, he cannot, the post being genuine.

Fabiano states that, assuming the post is genuine, it must have been done by another member, with malicious intent, who hacked into Fabiano's account and made a post in Fabiano's own writing style (he frequently begins his comments with "Guys,..."). The post made by this malicious imposter then stood unchallenged for several weeks, while Fabiano was actively posting elsewhere on the board, apparently oblivious to the fact that his account had been used publically and fraudulently, and with malicious intent.

A check on the web archives for the period demonstrates the extreme implausibility of this claim: the archive page for CAP 4th March 2005 - the very next day - shows the "professor's" (Fabiano's) post in it's unchallenged top spot in the "Advertising Sales" forum of the "Advertising and Marketing" section, alongside a post in the next section up, "Certified programmes", in the "iGlobalMedia marketing Programme" forum entitled "Party Poker affiiate".

A check on the archives for March 9th and March 10th is even more revealing: posts from "Professor" are found in the "Search Engine Optimisation" section, where the "hacked" post is sitting just four forums above this:


CAP forum list



Apparently, while Fabiano was frequenting the SEO thread four forums away, on consecutive days, he didn't notice that someone had hacked into his account and made a bogus post - this notwithstanding that he must have seen the thread on logging in to post in the SEO thread.

In light of all the evidence, the suggestion that anyone other than Fabiano made this post is not credible in the slightest.

Fabiano followed the denial of what were clearly his own witting and calculated actions with some self-righteous rhetoric on the motivations of the people exposing and commenting on the matter. His mode of expression, with such choice phrases as "dirt bags" and "unethical liars", is rather ironic in light of the fact that the behaviour he indulged in - player data sales - is unethical in the extreme, and that denial of what categorically happened is little more than a lie.

Lou Fabiano is an unethical liar himself. The evidence demonstrates this without the shadow of a doubt.

In a final ironic twist to this, after the suggestion that those exposing this matter "don't want an explanation or dialogue", Michael Corfman immediately stepped in and locked the thread, thereby putting an end to...dialogue.

This does little credit to the GPWA. At this point, I am left to assume that the immense fallout from the passage of the anti-gambling legislation in the US has caused the entire affiliate community to batten down the hatches and cover itself with bucketloads of whitewash when challenged and exposed.

Lou Fabiano, Casino Affiliate Programmes and the GPWA have done nobody any favours with this, least of all themselves or their industry. Honest disclosure of what may have been a simple error of judgement, followed by an apology and assurance to not repeat the indescretion, would have seen the affiliate industry emerge as an apparently honest entity with a sense of right and wrong. This did not happen.

This is a community I'm very happy to have nothing to do with.




May 2005 | June 2005 | July 2005 | September 2005 | October 2005 | November 2005 | December 2005 | January 2006 | February 2006 | March 2006 | April 2006 | May 2006 | August 2006 | October 2006 | January 2007 | February 2007 | March 2007 | May 2007 | June 2007 | July 2007 | January 2008 | February 2008 | March 2008 |
The Online Casino News page is powered by blogger.com. | Atom feed

Blogger.com

© 2005 hundred percent gambling