The Consumentenbond is threatening to launch a class action against six legal Dutch online casinos. They are accused of using ‘dark patterns’ to induce players to bet more, reveals CasinoZorgplicht.
Despite the legalisation of online gambling in 2021, Consumentenbond, the Dutch consumer protection association, believes that some Dutch operators are deceiving players and encouraging addiction. By using mechanisms known as dark patterns. These consist of deceptive design or presentation choices: suggestive buttons, ambiguous texts or pre-filled amounts that lead users to play longer, more often, and with higher stakes than they intended.
‘Such mechanisms compromise the duty of care,’ writes CasinoZorgplicht.
This is why the Consumer Association is currently investigating the possibility of compensating the players concerned.
Holland Casino Online and Jacks Casino in the firing line
The Consumentenbond investigation mentions Holland Casino Online, the public operator, and Jacks Casino Online by name.
According to the Consumentenbond, Holland Casino Online uses pre-filled deposit amounts and unclear bonus conditions, encouraging players to bet more.
The de-registration process is also criticised. Anyone wishing to close their account must first provide a reason, and if the response is not deemed satisfactory, the agent simply ends the conversation without closing the account. This procedure is deemed incompatible with transparency and player protection.
At Jacks Casino Online, the subterfuge is different: the posted bet of €0.04 per spin actually turns out to be €1 per spin. These misleading price indications are typical of dark patterns.
Health sector alert
Floor van Bakkum, spokeswoman for Jellinek Zorginstellingen, the Dutch organisation specialising in the prevention and treatment of addictions, reacts sharply in the Consumentenbond report:
‘It’s very strange, when someone sets a limit, they get no support’.
She says she is shocked by the subtle techniques used to encourage gamblers to continue betting. She says it is worrying that even casinos under the supervision of the Kansspelautoriteit (Ksa) offer little support to players who voluntarily set their limits.
Van Bakkum is calling for a complete ban on gambling advertising, believing that current regulation is no longer sufficient to protect vulnerable audiences.
Distressing testimonies from gamblers
The Consumentenbond report, which was picked up by CasinoZorgplicht, also includes the testimony of a gambler who contemplated suicide because of his addiction. In the video broadcast by the association, a compulsive gambler states that for a long time he had suicidal thoughts because of his gambling addiction.
The gambler in question explains that he sought help from the Stichting AGOG (Anonieme Gokkers Omgeving Gokkers), a support organisation for compulsive gamblers.
Kansspelautoriteit embarrassed
CasinoZorgplicht reports that the Kansspelautoriteit itself was surprised by the findings of the investigation.
‘It was a total surprise.’
The Ksa admits that it cannot connect to test accounts because it is not allowed to use false identities. This limitation prevents the regulator from carrying out effective checks. Without anonymous accounts, it is impossible to verify the actual behaviour of casinos towards their players.
The Consumentenbond sees this as a serious sign that the supervisory system has failed at a time when the number of online gamblers has exploded since 2021.
An unprecedented class action
According to CasinoZorgplicht, the Consumentenbond has been investigating dark patterns for over a year and is now preparing a claim for compensation for aggrieved players.
At the end of the video published under the heading ‘Acties en claims’, six operators are named: Bet365, Toto, Unibet, Holland Casino Online, Jacks Online and BetCity, the latter having already been sanctioned for failure to comply with its duties.
Collective action now seems inevitable. Unlike complaints against illegal sites, this one would target licensed operators accused of betraying their duty of care and transparency.