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In its guidance note, the CMA concluded that such practices were unfair in light of Part 2 of the Consumer Rights Act 2015 (CRA) and under the Consumer Protection from Unfair Trading Practices 2008 (CPRs) law. At the beginning of the report explaining the investigation, the CMA outlined the key questions they were seeking answers for. Under the CRA, all contract terms must be fair and transparent, and the CMA was looking to see whether certain terms in online gambling contracts created “a significant imbalance, contrary to the requirement of good faith, to the detriment of the consumer.” Under the CPRs the regulator was looking at possible “unfair commercial practices, in particular misleading acts or omissions” as well as “behaviour contrary to the requirements of professional diligence”. Progress Play and Jumpman gaming now join a short list of other online operators including PT Entertainment Services, Ladbrokes and William Hill in adjusting their practices to fall into line with the CMA’s requirements. Giants like William Hill, Ladbrokes and PT Entertainment had been involved in creating restrictions on players cashing out while using a casino bonus offer. While they were earning or using their bonus gamblers on these sites were prevented from cashing out or required to forfeit the proceeds they had earned off the bonus is they wanted their money. Such practices were deemed unfair trading practices by the CMA. As a result, all of the firms have now adopted policies that reflect the flowing conditions : “Promotional Play Restrictions and Wagering Requirements (if applicable) do not apply to any play by a consumer with their Deposit Balance except where ingame mechanisms automatically prevent a consumer from placing a wager that contravenes the Promotional Play Restrictions.” In a nutshell, this is designed to ensure that a player may cash out even while the bonus is in play and that their request to withdrawal funds from their own account will not void the bonus as operators are not prohibited from offering such terms and conditions. The CMA pointed out that this method of sanctioning players who wish to withdrawal their own funds creates unacceptable and unfair pressure on players to continue to keep gambling even when they have decided they are no longer interested in doing so. Over the last few years this practice, of penalizing players for making withdrawals while using a bonus code, has become wide-spread across the industry and affected everything from Casino gambling terms and conditions to sports betting sites and online poker. Companies who fail to comply with the new guidance and eliminate such restrictions could face fines or disciplinary action by the UK Gambling Commission.
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