NYspins Casino - Os ganhos do jogador são confiscados.

To the Malta Gaming Authority,

I hereby submit a formal complaint against the NYSpins casino, licensed by the MGA, regarding the improper retention of winnings from my player account.

Context of the case:

• I legitimately deposited £650 into my NYSpins account directly from my personal bank account, which is in my name.

• I only played using my personal funds and did not receive or use money from third parties to deposit or play on my account.

• At a certain period, my husband occasionally used the same device and home network due to technical limitations of his device, but he did not make deposits or play with my account.

• All deposits were made in my name and with my own bank account, as per the statements I have already sent to the casino.

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Identified problem:

• In a recent communication from NYSpins, I was informed that the deposits were allegedly indirectly funded by third parties, which would constitute a violation of the Terms and Conditions (clause 3.2.1).

• As a result, NYSpins confiscated my account winnings, totaling approximately £12,000, only refunding the £650 deposit.

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My objection:

1. Deposits made only by me: all funds used for gambling came from my personal account, in my name, which does not constitute "third-party funds".

2. Occasional use of the device by my husband: this does not constitute a violation of the third-party funding terms, as he did not make deposits or gamble with my account.

3. Absence of fraud or multiple accounts: there is no attempt at fraud, nor the opening of multiple accounts. The account is unique and exclusively owned.

4. Request for evidence by the casino: to date, NYSpins has not presented any concrete evidence to support the claim that the deposits were funded by third parties.

Request to MGA:

• I request MGA's intervention to ensure full payment of withheld winnings (£12,000) according to the funds that are rightfully mine.

• I request that NYSpins provide concrete documentation proving the claim of third-party funding, should they wish to maintain the withholding.

• I request that MGA analyze the situation considering that the deposit and the game were made exclusively by the account holder, and that the occasional use of the device by another person does not constitute a violation of third-party funding.

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Attached Documents:

• Bank statements showing deposits from my personal account.

• Screenshots of email communication with NYSpins.

• Screenshots of account activity, if applicable.

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Hello,

Thank you very much for submitting your complaint. I’m sorry to hear about your problem. Please allow me to ask you a few questions, so I can understand the whole situation completely.

• Do you currently have access to your casino account?
• Could you please advise if your account has been verified?
• Did you accumulate your winnings with or without an active bonus?

I hope we will be able to help you to resolve this issue as soon as possible. Thank you very much in advance for your reply.

Best regards,

Kristina

Good morning, no, I don't have access to the account. They closed and blocked it yesterday and only sent an email saying that after a meticulous analysis, my account was closed and they wouldn't pay my money because I used third-party funds, which, as I explained and have all the proof, doesn't exist. Yes, my account was verified. They stalled me a lot, but it was verified. I sent the documents more than 15 times: driver's license, then passport. I took a selfie with the document, and after a lot of trouble, one was good and they accepted it. They asked for my bank statement from the last 30 days, which I believe is even illegal because they asked for the last 30 days when I made a bet that day and won on the first day I played. And another thing, they verified my card beforehand because they needed the password, card details, online banking approval, all of that. So I'm skeptical about my payment too, and I never used bonuses to play because I know I'm not entitled to them if I win with bonuses!

Thank you very much for your reply. Could you please forward all the relevant communication between you and the casino to kristina.s@casino.guru? Alternatively, you can post it here. Thank you in advance.

Hello Suelen,

We hope you are well.

Following a thorough review of your account and the previously submitted documents, we have identified that recent deposits made into your account were indirectly funded by a third party.

This activity is a breach of our Terms and Conditions, specifically:

3.2.1: Use of Your Account: "You are only allowed to have one account on each of the Websites at any single point in time and you shall register this personally. You may not apply for, or open, an Account unless you are acting as principal and you may not act on behalf of someone else or for someone else’s benefit and may only register using your own personal details. If you allow your gambling account/details to be used for gambling by person(s) who are self-excluded so as to bypass player protection controls, your account will be closed, winnings confiscated and we may only pay back that which remains of your deposit balance, If you attempt to open more than one account per site, all subsequent accounts you try to open may be blocked or closed and any wagers/bonuses or any other promotion may be voided, , withdrawals cancelled and winnings witheld/confiscated if required to do so in order to comply with general regulatory obligations. In the event that we consider, that multiple Accounts have been opened in genuine error, we may agree to credit the first Account you opened with us, or the Account with the most activity, with any balance remaining on your additional Account(s). Should we have reasonable grounds to believe that fraud has been committed, or attempted, we may cancel any related transaction, any bonus or any other promotion without prejudice to any other action or redress we might avail ourselves of. In these T&Cs, any reference to ‘fraud’ shall be considered to include any syndicate rings consisting of the linked group of persons following certain patterns of play to attempt to de-fraud SuprPlay. this includes, but is not limited to, opening more than one Account in order to claim an additional bonus or benefit."

As a result of this breach, we will be voiding the activity associated with these deposits. This means that any winnings resulting from the affected deposits will not be paid out. Instead, we will be refunding the total amount of your recent deposit, which is £650.

Additionally, in accordance with:

5.5: Consumption of Funds in Play "Please be advised that our products are consumed instantly during gameplay. Thus, we cannot provide refunds, returns of monies, or cancellation of the requested service when playing (unless required under our license conditions). If you play a game with real money, the money will be drawn from your player account instantly."

This action is in line with our commitment to maintaining a fair and responsible gaming environment.

"11.10. We will not be liable to you for any breach of these T&Cs which arises because of any circumstances that we cannot be reasonably expected to control."

"3.2.2. Only one Account for each household, IP address and device is allowed. If two or more users share the same household, IP address and device, the respective account holders must immediately inform SuprPlay thereof."

The matter is now considered closed, and the refund will be processed to your original payment method shortly. Whilst we understand this is not the outcome you'd hoped for, this our final stand on the matter. Please be advised that as a result of our duty of care obligations, we have permanently excluded your player account.

Please note this feature applies cross-brand. Therefore, you will not be able to access any other accounts on other brands/sites owned and operated by SuprPlay Ltd. We would also ask you to refrain from attempting to open any other accounts as this may result in forfeiture of any funds deposited or gambled.

We do understand that this is not the outcome you’ve expected, however, it is an action taken with your best interest in mind.

If you feel you may need assistance with your gambling, we would like to recommend you to visit the following pages and seek advice from these independent organizations:https://www.gamcare.org.uk/https://www.begambleaware.org/https://www.gamblersanonymous.org/ga/

Besides these, we would like to recommend you to register with GAMSTOP, the online self-exclusion register available in the UK. GAMSTOP lets you put controls in place to restrict your online gambling activities by self-excluding you from all licenced operators in the UK, for a period of your choosing. For more information, simply follow the link here: https://www.gamstop.co.uk/.

Finally, we would also recommend that you contact any other casinos you may have registered with so they may also permanently self-exclude you and ensure you do not gamble with them as well.

The account is mine, and the person who sent the money was my husband, as proven by legal documents, and this does not constitute a third party transaction!

I also sent all the conversations by email to you, and what they're doing is against the law. A husband and wife transfer doesn't constitute a third-party transaction. So I ask you, if I hadn't sent the bank statement, would they have paid this? It's very wrong of them. I'm extremely hurt by this situation because they played with the feelings of a human being who gambled and won. And another thing, why did they return 650 and not 300 from the two deposits? I ask, if I hadn't won, would they have had the same attitude of returning one of the deposits? I really need your help and to receive what is rightfully mine. Honestly, I don't recommend this casino to anyone because this methodology isn't correct. After winning, the person should present the rules; present them beforehand, make the person read and accept them before being deceived!

To better understand your situation and assist you effectively, I need to gather more details regarding your situation:

• How much money does your husband usually send you, and how often?
• Does your husband have an account at this casino?
• Do you have a regular income, and can you prove it (e.g., by providing payslips or tax returns)?

Thank you.

1 Answer: Good morning my husband always sends me money here we get paid every week so almost every week he does send me money.

2: a husband had an account yes he won an amount and after they blocked mine they also blocked his without any justification but they paid what he won and did not return the amounts deposited

3 yes i can prove my income i work as a motorcycle courier i make my salary every week honestly

it's like I explained to you by law money from a husband and wife doesn't qualify as third party they are using it in bad faith if I hadn't won would they have returned the deposit? No, they wouldn't, that's bad faith. I'm a lawyer in Brazil and I know how things work, so I'm wondering what if I hadn't withdrawn the full amount and sent a different proof of address from another bank account of mine would they have accepted it and they wouldn't have this excuse, but I've always been correct and honest and they're acting in a way that is bad faith because they closed the account? They didn't let me access it so as not to get more evidence against them I just want to receive what is rightfully mine but nothing else and it's simple or they reopen my account and let me use part of it and withdraw another part but no they didn't close it they didn't pay and they use this to buy time so if the person doesn't go after it they win in fatigue but I will seek my right until the end because I'm sure I was 100% honest and correct if in their clauses before you play they should explain everything that can and can't because after you win a prize and they start imposing things it shows a lack of clarity and bad faith!

1 resposta: Bom dia meu marido sempre em em envia valores aqui recebemos por semana então quase toda semana ele envia sim dinheiro para mim

2: um marido teve uma conta sim ganhou um valor e eles depois que bloquearam a minha também bloqueou a dele sem justificativa nenhuma porém eles pagaram o que ganhou e não devolveram os valores depositados

3 sim tenho como provar minha renda eu trabalho como motoqueira faço toda semana meu salário honestamente

é igual expliquei a vocês por lei dinheiro de esposo e esposo não se configura terceiro eles estão usando de má fé isso se eu não tivesse ganhado será que eles iriam devolver o depósito? Não iriam isso já se enquadra em má fé sou advogada no Brasil e sei como funciona bem as coisas aí eu questiono e se eu não tivesse sacado o valor total e mandando um comprovante diferente de endereço de outra conta bancária minha eles teriam aceito e não teriam está desculpa porém sempre fui correta e honesta eles estão agindo de uma forma que se enquadra de má fé porque fecharam a conta ? Não deixaram acessar para não pegar mais provas contra eles quero só receber o que é meu por direito mais nada e simples ou reabram a minha conta deixa eu utilizar uma parte lá e sacar outra mais não eles fecharam não pagaram e usam isso para ganhar tempo aí se a pessoa não correr atrás eles ganham no cansaço porém irei procurar meu direito até o final pois tenho a certeza eu fui 100% honesta e correta se nas cláusulas deles antes de você jogar eles deveriam explicar tudo que pode ou não pode pois depois que você ganha um prêmio e eles começam a impor coisas mostra falta de clareza e má fé!

I understand that this situation is frustrating for you; however, based on the circumstances, I can also fully understand the casino’s point of view. While it is, of course, normal for partners to transfer money between each other, your husband also held an account at this casino. Due to the regular transfers from him to you, the casino likely flagged this activity as potential third-party funding. Unfortunately, this is something many casinos consider highly suspicious.

Based on my experience working at the Casino.Guru Complaint Resolution Center for over six years, I must be honest and say that under these specific circumstances, it will be very difficult to successfully challenge the casino’s decision. Nevertheless, I would still like to review some additional details before drawing a final conclusion.

Could you please specify approximately how much money your husband usually transfers to you and what your regular income is? Additionally, please clarify the exact date when you deposited £650 into your casino account and provide a bank statement from the account used for this deposit, covering the month in which the transaction was made. My email address is kristina.s@casino.guru. Thank you in advance for your cooperation.

Good morning, my husband sends me money every week, and I work and can prove it with a bank statement or my payslip. I earn an average of 1000 per week from my job, and what the casino is doing is dishonest because he and I are considered third parties, not a family income according to the law here in the country. This is illegal, and they should have said that before. Even so, my case doesn't involve third parties or family income. I sent you the bank statement by email; I await your response. Please review it because I won legally and honestly.

In your initial message, you stated that you and your husband sometimes shared the same device. Could you please clarify whether both of you have used this device to play on your own separate accounts at this casino?

Good morning, my husband and I used it a few times because his phone fell off his motorcycle and it took 3 days for the insurance company to fix it, but that was all, and it only happened once. They closed my husband's account, so he doesn't have an account with that casino anymore!

Dear Suelenluz,

If one device was used to play on multiple accounts in the same online casino, and people using these two accounts also regularly sent money to each other, we can't argue that you haven't opened multiple accounts in the online casino, as it would be impossible to prove.

In the future, I would strongly recommend using your own devices only for logging into casino accounts that belong to you, and do not allow family members to use your devices for their own casino logins. Once such a crossover is detected, the casino has the right to void any bets, confiscate the balance, and close both accounts.

Due to the aforementioned reasons, we will now proceed to reject this complaint. Thank you for your understanding. I am genuinely sorry that we were not able to assist you more effectively in this particular situation, as we always aim to help players resolve their issues whenever possible.

Please remember that you are welcome to contact us again if you run into any problems with this or any other casino in the future. Whether it is a question, a concern or a new issue that needs to be looked into, our team is here and ready to support you.