A recent decision by the São Paulo Court of Justice (TJ-SP) promises to profoundly transform the legal relationship between betting platforms and their users.
São Paulo magistrates confirmed Betano’s sentence to pay compensation equivalent to half of the amounts lost by a client diagnosed with gambling disorder, which is a pathological disorder characterized by extreme compulsion to play games.
The user accumulated a loss of more than 122 thousand reais on the platform, leading the judges to conclude that the company failed in its duty of protection by not activating effective mechanisms to contain that destructive behavior.
How sentencing the bookmaker changes the application of consumer law
The strong growth of this sector in the national market has raised urgent debates about the limits of advertising and the obligation to protect the most vulnerable people.
During the analysis of the case, the client’s defense maintained that the operator continued to offer incentives and attractive promotions even in the face of clear signs that he was facing serious compulsion.
This commercial stance led the court to consolidate the understanding that financial betting activities must strictly comply with general customer protection guidelines.
Assessing the scenario, Consumer Law specialist Stefano Ribeiro Ferri explained the impact of this measure.
“The TJ-SP’s decision signals an important change in the way the Judiciary sees the responsibility of betting platforms. As is the case in other regulated sectors, it is not enough to make the service available to the consumer.
Companies must also adopt effective mechanisms to identify situations of vulnerability, especially when there is evidence of compulsive behavior that can generate significant financial losses.”
The lawyer deepened the legal analysis, highlighting, above all, the fundamental obligations that these companies must follow under Brazilian legislation.
“The precedent reinforces that betting platforms are subject to the principles and rules of the Consumer Protection Code, including the duties of information, security and good faith.
If the company has data capable of indicating a pattern of excessive or potentially harmful use, it is expected to implement measures to prevent and contain damage, and not just strategies aimed at increasing user engagement.”
The division of financial responsibilities in the São Paulo justice system
However, the request for a full refund of the money ended up being rejected by the judges.
In this way, the state court understood that citizens also need to assume a certain level of responsibility for their own actions, which is why financial restitution was included in 50% of all losses proven in the process.
Ferri concluded his assessment by pointing out that the outcome of the case brought a very considered view to the market.
“The decision also demonstrates that the Judiciary tends to adopt a balanced solution. Although it recognized the platform’s failure in its duty to protect, the court considered that the consumer maintains a certain autonomy over their actions, applying the logic of concurrent guilt.
Even so, the recognition of the company’s responsibility represents an important step forward in protecting consumers in a market that is growing rapidly and involves relevant risks for people in vulnerable situations.”