Swedish BOS Rejects Proposal for New Credit Card Ban in Gambling

Swedish-BOS-rejects-the-proposal-A-new-ban-on-gambling-on-creditThe Swedish Trade Association for Online Gambling (BOS) has formally submitted its statement to the Ministry of Finance regarding the memorandum titled “A new ban on gambling on credit,” which proposes a ban on the use of credit cards for gambling. BOS has firmly rejected this proposal, citing significant negative consequences for channelization.

Gustaf Hoffstedt, Secretary General of BOS, explained the association’s stance [pdf], emphasizing that such a ban would likely push consumers towards unlicensed and illegal gambling platforms, which currently constitute almost half of the Swedish online casino market. Hoffstedt stated, “In the name of consumer protection, Sweden should not add new restrictions on consumers that still place their bets on the legal gambling market.”

Alternative Proposal Suggested by BOS

If the government decides to proceed with the ban, BOS proposes an alternative approach: instead of placing the obligation on gambling operators, the responsibility should be on credit card issuers. Under this model, the Swedish Financial Supervisory Authority (Finansinspektionen) would supervise credit card issuers to ensure they do not process payments for gambling companies, including those operating illegally or without a license.

BOS argues that this approach would more effectively prevent the use of credit cards for gambling while avoiding further burdens on licensed operators. Hoffstedt pointed out that licensed gambling operators are already heavily restricted and additional limitations could drive more consumers towards the unlicensed market, undermining consumer protection goals.

BOS’s Rationale for Rejection

BOS has consistently supported measures to prevent gambling on credit. However, the association draws a line at banning credit cards, which are a common and regulated form of payment. “At least one credit check is conducted before issuing a credit card,” Hoffstedt noted, “and in most cases, credit is repaid monthly, accruing no interest.”

The association also highlighted that credit card usage for gambling is on the decline, with many consumers shifting to other payment methods like Swish. Those who do use credit cards for gambling are typically older with more organized finances, and the prevalence of problem gambling among them is relatively low.

The biggest challenge, according to BOS, is the prevalence of unlicensed gambling, a view shared by Finance Market Minister Niklas Wykman. Hoffstedt stressed that restrictive measures against licensed operators, such as the proposed credit card ban, combined with inadequate countermeasures against unlicensed operators, have led to a significant outflow from the legal gambling market. “This must end,” he said, emphasizing that enhancing the attractiveness of the licensed market is crucial for effective regulation.

Concerns Over Government’s Approach

BOS expressed concern over the government’s tendency to exempt state-owned or controlled gambling operators from new restrictions, creating an uneven playing field. The association fears that this might undermine competitive neutrality and consumer confidence.

In conclusion, Hoffstedt reiterated BOS’s position that the proposal to ban credit cards for gambling should be rejected. He emphasized that effective regulation should include measures to counteract unlicensed gambling while supporting the legal market.

“Sweden’s largest online casino operator is likely unlicensed,” Hoffstedt noted, underscoring the need for balanced regulation. BOS believes that imposing the ban on credit card issuers rather than gambling operators is a more effective and fair approach to achieving the intended consumer protection goals.

Source: Press release: BOS rejects the proposal A new ban on gambling on credit. BOS. May 23, 2024.

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Arkansas Supreme Court Rejects Casino Appeal, License Back to Racing Commission

The Arkansas Supreme Court will not hear an appeal petitioned by the Cherokee Nation Businesses (CNB) regarding its planned Legends Resort & Casino in Russellville.

Arkansas Supreme Court Cherokee Pope County
The Arkansas Supreme Court will not take up an appeal from an Oklahoma tribe seeking to build a commercial casino in Pope County. The Cherokee Nation Businesses, however, is still the presumed front-runner for the gaming license. (Image: AP)

A year ago this month, Pulaski County Circuit Judge Tim Fox ruled that the Arkansas Racing Commission erred in issuing a commercial casino license earmarked for Pope County to CNB, the commercial business unit of the Cherokee Nation in Oklahoma. In considering a lawsuit challenging the granting by a rival casino bidder, Gulfside Casino Partnership in Mississippi, Fox determined that the Cherokee bid violated rules established through Amendment 100 of the Arkansas Constitution.

State voters in November 2018 passed the amendment to allow a single casino in the counties of Crittenden, Garland, Jefferson, and Pope. The casino bidding rules, however, required the state Racing Commission to only consider pitches from single entities.

Fox concluded that CNB applied as a consortium with a newly formed company called Legends Resort & Casino, LLC. The state Supreme Court last week opted to deny reconsidering the case. The high court in October upheld Fox’s decision in a 5-2 ruling.

License Returned to Racing Commission

With the Cherokee’s appeal formally settled, the Pope County casino license has been returned to the Arkansas Racing Commission. The state gaming regulator is expected to conduct a new bidding round, but the $300 million Legends Casino will presumably be the only qualified bid.

In separate litigation, it’s been determined through the Arkansas court system that bidders must have the support of either the sitting county judge or the present county quorum court. Last month, the Pope County Quorum Court voted 7-6 to endorse the CNB proposal. Pope County Judge Ben Cross has also backed the Legends development.

Gulfside previously applied with a letter of support from former Pope County Judge Ed Gibson, who issued his backing on the final day of his tenure before he exited the position in December 2018. Gulfside pitched a $254 million casino in Russellville called River Valley Casino Resort.

While Fox ruled against the Cherokees in January 2023, he also discredited the Gulfside plan when he decided that “the county judge” in Amendment 100’s language refers to the current judge — not a former county judge.

CNB will be expected to reapply as a single entity, likely as Legends Resort & Casino, LLC, which the company fully owns.

License Dilemma Continues

More than five years since Arkansans approved a casino in Pope County, the gaming license still hasn’t been issued. Meanwhile, casinos have opened in the three other counties.

The Pope County controversy began in 2020 when it was determined that Racing Commissioner Butch Rice had a bias in his grading of the Gulfside bid a perfect 100 out of 100 and the Cherokee plan just 29/100. The Racing Commission decided to exclude Rice’s scoring, which had tipped the overall score in Gulfside’s favor and opted to issue the license to the Cherokees.

That initiated the legal controversy, with Cherokee and Gulfside attorneys battling for the casino concession ever since. Ricer is no longer a commissioner on the seven-person state agency.

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