Sweden’s Supreme Court has upheld a landmark decision against BML Group Ltd, a Malta-based subsidiary of Betsson Group, ordering the operator to repay around €500,000 to a former Swedish customer who struggled with gambling addiction.
The ruling, delivered on 1 July, affirms a December 2023 judgment by the Patent and Market Court of Appeal.
The court concluded that BML Group exploited the customer’s gambling disorder through targeted marketing and bonus offers, despite being aware of his vulnerability. The customer, who played on Betsson’s platform between 2009 and 2014, before Sweden’s Gambling Act came into force in 2019—was upgraded to VIP status in 2012. Following this, the marketing efforts intensified, leading to net losses of €527,395 before he self-excluded in October 2014.
In its ruling, the Supreme Court ordered BML Group to repay the full amount lost and cover legal expenses of SEK718,750 (approx. €64,500). While it overturned a minor SEK10,000 (€898) compensation for emotional distress, the court maintained that the gambling contracts during the VIP period were invalid.
The court emphasized that enforcing such agreements would breach principles of fairness, noting that Betsson knowingly continued to engage the player with direct offers, gifts, and messages from assigned staff, despite clear signs of problem gambling.
The judgment highlighted that BML Group had collected and used extensive behavioural data to tailor promotions and bonuses, and that the player met the clinical criteria for gambling disorder well before his formal diagnosis. Despite these facts, the company persisted in targeting him, which the court deemed irresponsible conduct.
Although the events occurred prior to Sweden’s current gambling regulation, the court found that the use of sophisticated marketing systems gave Betsson adequate insight into the player’s condition and obligations to act more responsibly.
The company had previously been defeated in the Patent and Market Court of Appeal, which condemned its conduct – particularly the promotion of high-risk online slot games, the use of bonus incentives, and personalized contact from representatives urging the player to keep gambling.
Pontus Lindwal, president and CEO at Betsson AB, mentioned:
We are of course disappointed with the Supreme Court’s decision in this individual case.
At the same time, we note that these are very specific circumstances and that the judgment is not expected to have any broader financial consequences for our operations.
Betsson has for a long time implemented rigorous processes for responsible gaming. We do not allow customers with gambling problems known to us to use our services.
The original verdict raised concerns about the potential legal exposure Betsson could face if additional players file similar claims.
