Operators cannot use the grounds that the consumer’s account has been inactive to:
- confiscate all or part of the funds in a consumer’s Deposit Balance, or otherwise deduct any amount therefrom
- use, enforce, or seek to rely on any term in a consumer contract or consumer notice which has the object or effect of permitting the operator to confiscate all or part of the funds in a consumer’s Deposit Balance, or otherwise deduct any amount therefrom.
Where an account has been inactive for at least 12 months, the funds cannot be considered to be ‘dormant’. As long as there is no prejudice to affected players rights over the funds, dormant accounts can be reclassified for internal accounting purposes.
There should be no reduction in the protection of these funds as per our ‘customer funds protection rating system’. Only where an account becomes dormant as previously described can an operator make a reasonable periodic charge for maintaining the account.
What the operator must do
Before charges are made the operator must do the following:
- the operator should have attempted to repay the deposit balance to the last payment method used
- any fee charged for maintenance of the account should be explained in the terms and conditions
- all reasonable steps should be taken to remind players a reasonable period beforehand (no less than 30 days) of the term and that the fee will be charged by a specific date.
An operator can choose to remove the funds from dormant accounts from view as long as they have contacted the player at least 30 days beforehand to advise them of the balance, and that they still have a right to access the funds and how to do this.
Operators should not have any terms and conditions which allow them to change the legal status of the money in the player’s deposit balance or alter the player’s legal entitlement or rights to claim their funds, even if an account becomes inactive.
Where an account with a credit deposit balance has been inactive for at least 12 months, operators must try to repay it to the last payment method used. Only after a period of 12 months where the player has not been able to verify their identity can an operator make a reasonable periodic charge for maintaining the account.
What the operator must not do
Operators must not do the following:
- terms should not permit operators to remove funds from an account if it is not used for a period of time.
- disproportionate and unreasonable charges should not be made for maintaining a player’s account
- do not use, enforce, or seek to rely on any term in a consumer contract or consumer notice
- do not act (or refrain from acting) in a way which has the object or effect of, or could be understood by consumers as, altering the legal status of funds in a consumer’s Deposit Balance, or of altering the consumer’s legal entitlement or rights to claim such funds, on the grounds that the consumer’s account has been inactive.
Example of what not to do
- "If you do not log into your account for a period of 90 consecutive days, we may decide to remove your winnings and void your account."
- "If you do not use your account for a period of 90 consecutive days, we will email you notification of our intention to confiscate your deposit balance within the next 14 days. If you do not contact us, your deposit balance will be forfeited and transferred to the company the day after the 14-day period ends"
- "If you do not log into your account for 180 days, your funds will no longer be protected under our protection of player funds policy."
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Last updated: 27 July 2023
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