Admitting individuals to gambling activities despite their inclusion in the register of vulnerable persons is an unlawful act for which each organizer is responsible.
Aggressive advertising of gambling and the lack of any campaigns to prevent gambling addiction have naturally led to a significant increase in the number of people with gambling problems. The only meaningful policy pursued by the state to prevent potential losses from uncontrolled betting in conditions of gambling addiction is the creation of a register of vulnerable persons, entry in which prohibits persons included in it from participating in gambling.
However, it appears that, like most government policies and legislative prohibitions, compliance with this one is not effectively monitored by the responsible institutions, which is why individuals listed in the register still have access to online casinos and live gambling games , a circumstance that endangers both the property of the person who has identified themselves as vulnerable and their emotions and feelings. The same applies to minors and underage persons, as well as those under full or limited guardianship.
A case from the law firm
We were contacted by Lyubomir*, who said that he had been struggling with gambling for years. Lyubomir has identified his difficulties in controlling his ability to refrain from gambling, which is why he applied to be entered in the register of vulnerable persons on the day it was reopened – December 12, 2022. He claims that his access to “most casinos” is restricted, but not to the one he often plays at.
As in most cases of gambling addiction, Lyubomir lost control and accessed the casino in question by registering on its website. Within a few days, he placed losing bets totaling over BGN 7,000. In addition to the financial damage caused by his illegal access to gambling, despite his inclusion in the register of vulnerable persons, he also suffered non-pecuniary damage – stress, tension, guilt for giving in to the urge to gamble, and problems with his family and loved ones.
With the assistance of the law firm, a request was sent to the casino to reimburse the financial losses incurred and to compensate for non-pecuniary damages, with an indication that failure to comply with the request within the specified time limit would result in legal action being brought before the competent court. In order to avoid legal proceedings, the gambling operator immediately reimbursed the amount lost by Lyubomir.
* In order to preserve attorney-client privilege, the name has been changed.
You can learn more about gambling addiction and the consequences of aggressive advertising of gambling games at:
1. “The Questions” – a conversation between independent journalist Mirolyuba Benatova and the managing partner of the law firm, Silvia Petkova, a criminal lawyer and specialist in working with people addicted to gambling, drugs, and alcohol on the topic “Why is the state not taking action against aggressive gambling advertising?“;
2. “The Day with Veselin Dremdzhiev” – a conversation between the host and attorney Silvia Petkova on the topic of the overly broad ban on direct gambling advertising.”
What is gambling addiction?
Gambling addiction is regulated in the International Classification of Diseases, 10th revision, in the chapter “Personality and behavioral disorders in adulthood,” section “Disorders of habits and impulses,” with the scientific name “pathological gambling” or “compulsive gambling.”
Pathological gambling is described as frequent, repeated episodes of gambling that dominate a person’s life to the detriment of social, professional, financial, and family values and commitments. In other words, compulsive gambling is a serious form of behavioral disorder leading to addiction and characterized by a loss of control over gambling in terms of its onset, duration, frequency, cessation, or the setting in which it takes place (quantitative and situational control); progressive abandonment of other pleasures or interests and continuation of gambling despite negative harmful consequences.
Precisely because gambling addiction is a behavioral disorder and not simply a lack of willpower or a bad habit, the state has an obligation to provide protection for individuals who suffer from a pathological attraction to gambling, as well as those who, due to various social or economic factors, are considered predisposed to developing such a disorder.
Registration in the register of vulnerable persons and responsible gambling
One of the ways in which the state protects individuals who are addicted to gambling or prone to developing such an addiction is by offering them the opportunity to register with the National Revenue Agency. This option has been reinstated, effective December 12, 2022.
The register is not public, and access to it is restricted solely to employees of the National Revenue Agency designated by its director, as well as to a limited number of employees designated by the relevant gambling operator.
Anyone who considers themselves addicted to gambling or prone to developing an addiction to gambling games can register in the register. This is done by submitting a standard application form either on paper or electronically, if the applicant has a qualified electronic signature. The registration is valid for a period of no less than two years.
Obligation to refrain from admitting to gambling games
According to the current Gambling Act, every casino, whether live or online, is subject to an absolute mandatory ban on allowing persons who are included in the list of vulnerable persons to participate in gambling games.
Failure to comply with this prohibition shall result in liability on the part of the casino, which shall be enforced by imposing a financial penalty of between BGN 1,000 and BGN 5,000 for each violation. The National Revenue Agency is competent to impose penalties for violations of the Gambling Act.
When is there illegal access to gambling?
Illegal admission to gambling will, first and foremost, always occur when a person listed in the register of vulnerable persons is granted access to placing bets in a casino, regardless of whether it is live or online.
Secondly, allowing minors, underage persons, and persons under full or limited guardianship to participate in gambling is also illegal, as these persons are also considered vulnerable under the provisions of the law. In this regard, the possibilities for control are even more limited, especially with regard to online casinos.
This is so for several reasons.
First, it is a well-known fact that many minors gamble by registering at online casinos using the personal data and identity documents of an adult relative, friend, or acquaintance. All too often, the relative, friend, or family member whose personal data has been used by the minor has no idea that this has happened. This illegal access to gambling leads to a complete failure of measures to protect vulnerable individuals from the negative consequences of gambling, as well as to a potential increase in the number of minors addicted to gambling.
Secondly, gambling operators do not carry out actual checks to verify whether the personal data and identity documents used belong to the person who created and uses the registration, for example by scheduling a video conference call to establish that the account user matches the data and documents provided.
Thirdly, all too often, parents, friends, and relatives who are unaware of their own gambling problems give their underage children, brothers, or sisters access to their identity documents and personal data so that they can participate in gambling, despite the ban in force. This problem could again be overcome by the organizers creating mechanisms to verify that the account creator and user match the personal data and identity documents provided.
Right to compensation for unlawful admission to gambling games
Given that illegal access to gambling occurs, the logical question is whether the affected person is entitled to compensation. The unequivocal answer is “Yes, they are.”
In cases of unlawful admission to gambling, two types of damages are subject to compensation: pecuniary and non-pecuniary.
The property damage is expressed in the direct losses incurred from unsuccessful bets. They should be fully reimbursed by the organizer who has illegally allowed a person listed in the register of the National Revenue Agency, a minor or an underage person, as well as a person who is under full or limited guardianship, to participate in gambling.
Non-pecuniary damages suffered as a result of unlawful admission to gambling games are also subject to compensation. These may take the form of a wide variety of negative feelings, including stress from the loss suffered, feelings of guilt due to the loss of control over the ability to gamble, family problems arising from continued gambling and the loss incurred, and many others. Often, illegal access to gambling can lead to much more serious psychological and even psychiatric problems, including depression and suicidal thoughts. These damages are determined individually for each specific case.
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Silvia Petkova Sole Proprietorship Law Firm is the only law firm in the country specializing in working with individuals addicted to gambling, alcohol, and drugs, including those who have committed crimes. The firm’s specialists provide qualified legal assistance in cases of illegal admission to gambling games.
Contact details
Working hours: Monday to Friday from 10:00 to 18:00
Address: Sofia, Tri Ushi Street No. 2, floor 3
tel. 0885 47 77 57
email: office@petkovalegal.com
Consultations by telephone and on site at the law office are provided only by previously scheduled appointment.