During the course of the complaints process and based on the full and detailed explanation provided by the Dream Jackpot Casino team it became clear that this issue is related to identity theft, something which should be reported to the police and bank institution. AskGamblers Casino Complaints Service does not have any means or power to conduct those kind of investigation and we strongly advise the player to take all necessary steps and file the official police report.
In addition, we believe Dream Jackpot Casino acted upon its verification policy explained above and can not be held responsible for any kind of fraud committed by the third party.
Based on all of the above, AskGamblers consider the case as resolved and it is being officially closed now. In case of a disagreement with our decision we recommend player to seek further assistance on the matter from the relevant regulatory body.
You are correct in your assessment that it is not full proof and the Gambling Commission’s own guidance concurs, which states that: “No method of verification, either documentary or electronic, can conclusively prove that the customer is who they claim to be.”
Your bank is able to contact us via email as many other banks do. The idea that they will not engage with us via email is incorrect as there is nothing under data protection law that prohibits this and we have many other banks who engage via email.
With regards to the transactions on the account, the liability lies with your bank, as previously explained on a number of occasions, and we are more than happy to engage with your bank to help investigate this matter.
Furthermore, in accordance with our Complaints & Disputes Procedure, we are also willing to engage with an approved independent adjudicator (ADR) in this matter. Information can be found here: http://ecogra.org/ata/policies_procedures.php.
We note that the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLCFT 2017) provides that a company must verify the customer’s identity. Section 28 (18) provides that ”verify” means verify on the basis of documents or information in either case obtained from a reliable source which is independent of the person whose identity is being verified”.
Furthermore, the Gambling Commission of Great Britain’s document “The prevention of money laundering and combating the financing of terrorism” (PMLCFT) published March 2018 provides gambling operators with guidance on how to apply the MLTFT 2017. The PMLCFT allows for the use of electronic verification and stipulates a clear criteria for use of such. It is clear under section 6.38 of the PMLCFT that an electronic verification provider can be used as the sole method of verification. Such criteria dictates that the provider meets the following criteria:
• it is recognised, through registration with the Information Commissioner’s Office, to store personal data;
• it uses a range of positive information sources that can be called upon to link an applicant to both current and previous circumstances;
• it accesses negative information sources, such as databases relating to identity fraud and deceased persons;
• it accesses a wide range of alert data sources; and
• it has transparent processes that enable the operator to know what checks were carried out, what the results of these checks were, and what they mean in terms of how much certainty they give as to the identity of the subject.
We can confirm that our independent electronic verification provider satisfies this criteria as set out by the Gambling Commission.
We note in this particular case the customer’s name, surname, date of birth and address were verified against at least two separate databases meaning she was successfully verified. We are absolutely confident that we have met our regulatory obligations in respect of identity verification on the customer’s account.
We have also provided clear evidence that each and every deposit on the customer’s account was conducted using a card in the customer’s name and was 3DS secured – the security details of which should only be known to the customer. We cannot be held liable for personal card details being compromised.
We have not identified any suspicious activity on the customer’s account. Furthermore, contrary to the customer’s claims we have not yet received any communication from any bank in relation to this matter.
It appears that there is a misunderstanding about exactly what this dispute relates to. The customer is claiming that someone else has opened an account in her name, matching all of her personal details (name, surname, DOB, address) and has also been able to use her card with her authentication password, this is a clear case of identity theft and/or fraud and should be reported to the police and to her bank. They will then investigate and get in contact with us. We will co-operate fully in any investigations that they may wish to carry out.
Furthermore, should the customer wish, she may escalate this matter to the ADR provider eCOGRA http://ecogra.org/ata/policies_procedures.php.
In the meantime, we consider this matter closed and will not be responding on this forum any further.
Regards,
The Dream Jackpot Team
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