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Brazil: Operator fined after ignoring gambler’s request to quit

A Brazilian court has ruled that a betting platform failed in its duty of care after delaying the closure of an account belonging to a user diagnosed with gambling addiction.

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Key Points
Court ordered a betting operator to refund losses after failing to promptly block a gambler’s account
Judges ruled the delay worsened the vulnerability of a user diagnosed with gambling addiction
Operator must also pay moral damages following the decision

A Brazilian court has ruled that a betting operator must refund a compulsive gambler and pay moral damages after failing to promptly block his account despite being informed of his gambling addiction.

The decision was issued by the 3rd Civil Chamber of the Federal District Court of Justice (TJ-DFT), which found that the platform’s conduct amounted to a failure in its duty of care towards a vulnerable consumer.

The case involved a bettor diagnosed with both Autism Spectrum Disorder (ASD) and gambling addiction. According to court documents, he lost control of his betting activity and spent more than BR180,000 ($35,473) on the platform during January 2025 alone.

After recognising the severity of his condition, the user contacted customer support and requested the permanent closure of his account, explaining that he suffered from compulsive gambling. 

The court heard that the operator failed to act immediately, instead directing him to links that allegedly did not function properly.

The bettor later took legal action seeking the cancellation of the betting transactions, reimbursement of his losses and compensation for moral damages. 

While a lower court had already ordered the operator to return the money lost, minus any winnings received, the appeal court went further by recognising the emotional harm caused by the company’s response.

Judges concluded that the delay in blocking the account aggravated the consumer’s vulnerability and contributed to continued gambling activity. 

While courts are increasingly recognising the responsibilities of operators towards vulnerable consumers, support groups report that more people are actively seeking help, with some arriving at meetings after being referred by AI tools such as ChatGPT.

Good to know

According to Brazil’s Ministry of Health, demand for mental health services linked to online gambling addiction has risen by nearly 140% over the past five years

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