MGA releases new guidelines on alternate methods for resolving disputes.
Yesterday, the Malta Gaming Authority (MGA) issued a directive on alternative dispute resolution procedures, effective the same day, which now requires gaming companies holding a Maltese retail license to submit disagreements to alternative dispute resolution bodies.
In spring 2018, the Maltese government updated its gambling laws. One part of the revision involved amendments to the Player Protection Ordinance, requiring gaming operators, such as online and land-based casinos, to offer customers dispute resolution procedures with specified deadlines. Complaints should be internally submitted to the operator, whose job is to handle them. However, if the operator cannot resolve the issue, both the MGA's player support service and an alternative dispute resolution body become options. Under EU law, companies must make it easy for consumers to access alternative dispute resolution procedures for certain disputes. This has led to the creation of a network of alternative dispute resolution bodies throughout the EU.
With the implementation of this new directive, the roles of the official player support body and alternative dispute resolution bodies will change. The player support body, which previously functioned as both a mediator between players and operators and a regulatory institution, will only deal with complaints from April 1, 2019. Complaints encompass all reports of unlawful, unfair, unsafe or non-transparent actions. These are now sent directly to the MGA department concerned.
Disputes, on the other hand, are conflicting circumstances between casinos and operators. From April 1, these will be sent directly to alternative dispute resolution bodies in accordance with the directive. This measure is designed to ensure that the MGA's player support office will not be overloaded with casework. To maintain control over this process, the MGA will request monthly reports from casino operators detailing all cases sent to alternative dispute resolution bodies since January 2019.
Previously, retail license holders were obligated to provide players with complaints procedures and inform them about these in the terms and conditions. These procedures should be clear and fair, with details outlined in simple language. In addition, a timeframe must be provided, requiring the operator to inform players of the complaint status within ten days at the latest. If more time is needed, a ten-day extension can be granted for particularly complex matters; justified reasons must be communicated within the first ten days.
In response to a complaint, the operator must also emphasize the availability of other complaint channels at the MGA support office and a suitable alternative dispute resolution body. As of the new directive, licensees must also clarify the potential implications of the alternative dispute resolution body's decision for any potential legal action on the part of the player.
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Source: www.onlinecasinosdeutschland.com
