Spin Palace bonus deemed "Misleading" by ASA

[CasinoBeacon]

I hadn't spotted this case from last month. Looks interesting. I searched here at CM, couldn't see it being mentioned before.

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Someone complained to the ASA that Spin Palace's welcome bonus was misleading, because the initial deposit couldn't be withdrawn until wagering requirements had been met. Seems standard, as the wagering t&c was listed clearly on the casino's site, however:

The ASA ruled, "The ad must not appear again in its current form."

1. I see no change at Spin Palace's site
2. If I'm reading the ASA's ruling correctly, they would rule similarly against pretty much all other casinos' offers.

 

[vinylweatherman]

This shows the ASA mean business. Operators should heed this and ensure that what has become accepted standard practice in the industry does not lead to a rash of adverse judgements from the ASA, particularly so in the run up to the implementation of the new UK tax and regulation regime.


The ASA have also completely missed the "elephant in the room", which is the even more misleading "£1000 free" that is played in a separate lobby, and which in the smallprint CANNOT ever become a £1000 bonus due to any transfer being capped at a much lower level.

The ASA are viewing the ads from the viewpoint of a completely new player, completely unaware of standard industry practice. This is what other operators need to consider when designing their own ads for UK consumption.

The ASA may even be wrong on a technicality, as it may be that should the player have second thoughts, and has not actually begun to play, they could request the removal of the bonus and WR and just play with their own cash, or withdraw it. Operators allowing this get out option without fuss may find that the ASA are happy with this, and it deals with the basis of their judgment which is that players first deposits are irretrievably locked in right from the start.

It's also notable that it took just ONE complaint to get this investigation and result.

It's not just Spin Palace, I think EVERY operator is hosting their webpage welcome offer in a way that should a complaint be made, the ASA would find against them.

Part of the problem might be down to the fact that in other types of online transaction, customers have a legal right to a "cooling off period" during which they may withdraw from the contract and receive a full refund. In the case of casinos though, agreeing to the terms means waiving this right, even though the law does allow exemptions for certain goods or services, such as perishable items, magazines, software, etc. Casinos could argue that once a bet has been placed, the service has been used and cannot then be "returned for a refund" in the same way that a magazine has been "consumed" once opened and read, and so cannot then be returned.

It's in the interests of operators to be proactive in avoiding falling foul of the ASA, rather than having to act after receiving an adverse ruling, which can produce bad PR. There is a provision to submit advertising to the ASA for pre approval before publication, and this can help avoid such issues.