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The bet365 conduct has been misleading or deceptive or was likely to mislead or deceive and also involved the making of false representations by Bet365.
“Too often it’s the average person in the street who’s on the losing end of this kind of corporate deception. Fortunately, now, class actions allow a legal avenue for redress for all Australians.”
– Charles Bannister
“Initial estimates suggest over 70,000 individuals who bought registered with bet365between 18 March 2013 to 13 January 2014 are capable of registering for the class action and are likely to have grounds for compensation,” says Bannister.
The Federal Courts findings;
The Beach J of Federal Court of Australia has found that “The contravening conduct occurred from 18 March 2013 to 13 January 2014 and was directed at a broad range of consumers, being users and potential users of online betting services throughout Australia. There is little doubt that the conduct was both serious and extensive.”
The court also found that
- By the time each customer made an initial deposit, he or she had provided to the contraveners their full name, street address, email address, telephone number, username and password and details of their preferred payment method, such as their credit card details. The conduct of the respondents was, as the ACCC submitted, significantly more serious than cases involving the use of false or misleading representations to promote the “one off” supply of consumer goods. Once enticed and then ensnared by the headline offer, “FREE BETS”, customers proceeded to wager significant amounts of money; many of them paid very substantial additional deposits.
- Hillside Australia’s directors’ report for the financial year to 30 March 2014, which covered most of the contravening period of 18 March 2013 to 13 January 2014, recorded that:
- (a) overall wagering revenues (the gains or losses from wagering activities) had increased to $29,100,000 from the previous year’s total of $7,700,000;
- (b) total amounts wagered had increased to $1,475,000,000, an increase of $842,000,000 from the previous year; and
- (c) active users had increased to 73,000, an increase of 83% over the previous year.
- The number of customers who took up the “FREE BETS” offer during the contravening period made up a significant proportion of the 73,000 active users.
- significant numbers of consumers are likely to have suffered harm. They were enticed and ensnared into a situation which provided the opportunity to lose significant sums, which I am entitled to infer subsequently occurred.
Link to the pecuniary penalty determination;
Link to the Judgement of Beach J, Federal Court of Australia;