Compliance Updates
Euroconsumers calls Nintendo to solve its “Joy-Con Drift” probl
The new version of the Nintendo “Switch” console, the Switch OLED, expected on October 8th 2021, shows an unsolved technical problem with its controllers – an issue commonly called “Joy-Con Drift” – that prevents players from playing the game properly. Nintendo is quite aware of this flaw. Yet it still plans to roll out the new Switch with the old problem. Euroconsumers calls Nintendo to account.
“Joy-Con Drift”
The flaw in the controllers manifests itself after a couple of months, falsely reading input from the controller stick, as if the user has their thumb pressed down on the controller, causing the game character to move without the player even touching the device. This prevents the player from playing the game as intended. This issue is not new: it was already denounced extensively by users of the current Nintendo Switch, IFixit and multiple consumer organisations.
Nintendo’s inaction
This flaw has previously been raised with Nintendo. Firstly in January 2020, Test Achats/Test Aankoop, Euroconsumers’ Belgian national organization, sent a letter of formal notice to Nintendo Europe GmbH calling on the company to repair all the defective products free of charge and to publicly communicate about the defect.
In January 2021, BEUC, the European umbrella group for 46 independent consumer organisations, launched an external alert to the CPC network about a widespread infringement with Union dimension of EU consumer law, related to the premature obsolescence of the Nintendo Switch.
On top of this EU action, two class actions have been launched in the US, and a Canadian firm has filed an application to begin a class action.
Nevertheless, Nintendo has taken no actions to remedy the flaw or alert consumers. It even issues a new Switch OLED with the exact same Joy-Con design, with the exact same inescapable defect. Meanwhile Nintendo keeps on putting a great deal of emphasis on the quality and versatility of the Joy-Con in its advertisements t.
This early obsolescence is not only unfair and harmful to consumers, but also affects the environment, creating a pile of unnecessary and extremely polluting electronic waste.
Euroconsumers’ call on Nintendo
In a letter Euroconsumers has confronted Nintendo with the above, asking them to:
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Adequately inform consumers of the existence of the “Joy-Con Drift” and its impact on the expected lifespan of the Nintendo controllers on the packaging of the product.
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Fully respect provisions on the legal product guarantee, without imposing any burden of proof on consumers or charging them with any costs to repair or replace their Switch controllers.
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Provide clear contact details at Nintendo for consumers to report and resolve Joy-Con problems, and for Euroconsumers and its national organisations to address problems to that regard.
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Resolve the technical “Joy-Con Drift” flaw and ensure a more sustainable version of the controllers. Euroconsumers, and its national organizations stand ready to deploy decades of technical and testing experience to support finding solutions.
Euroconsumers is available and willing to launch a dialogue with Nintendo in order to establish the best way to satisfy the above requests.
“Nintendo has a duty to its customers to provide functioning devices,” said Marco Scialdone, Head of Litigation and Academic Outreach at Euroconsumers. “To knowingly continue selling these game consoles when they are defective is a breach of EU consumer law. We expect Nintendo to do the right thing and work with us to find a solution for consumers.”
“While on one hand Nintendo pretends to commit to the green transition and serve consumers, its continued distribution of faulty electronic devices shows it’s true lack of genuine commitment,” said Els Bruggeman, Head of Policy and Enforcement at Euroconsumers. “Early obsolescence results in more electronic waste, which is particularly difficult to dispose of. This shows a regrettable lack of respect for both the environment and consumers.”
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Cease-and-desist letters cite alleged felonies and underage access tied to BetOpenly, Bookmaker, Club WPT Online Poker, Kutt Inc., and Raffle Creator.
The Arizona Department of Gaming said it has issued cease-and-desist orders to five online platforms—BetOpenly, Bookmaker, Club WPT Online Poker, Kutt Inc., and Raffle Creator—after investigations that the Department says involved alleged illegal gambling activity and underage access in Arizona.
In its announcement, the Department said each enforcement action alleges conduct giving rise to three felonies under Arizona law: promotion of gambling, illegal control of an enterprise, and money laundering. The agency cited Arizona’s prohibition on gambling unless specifically authorized (Ariz. Rev. Stat. Tit. 13, Ch. 33) and said the legal gambling age in the state is 21.
“Arizona is taking decisive action against illegal gambling operators that put Arizonans at risk,” said Jackie Johnson, Department Director. “Our top priority is protecting Arizonans and I’m grateful for the efforts of our intelligence unit led by Chief Law Enforcement Officer Doug Jensen to do just that. Through these cease-and-desist orders we are putting operators on notice: their conduct runs contrary to Arizona law and they must stop promoting illegal gambling.”
The Department’s letters describe different alleged violations by operator. For BetOpenly, the Department said peer-to-peer gambling rules prohibit third-party benefit, and alleged the platform benefited via a commission structure while enabling event wagering and daily fantasy sports contests without the required state licenses, including availability to underage Arizonans. For Bookmaker, the Department said its investigation found wagering on horse racing, casino games, and sports betting without an event wagering license or an advanced deposit wagering provider license, adding that online casino games are not legal in Arizona.
For Club WPT Online Poker, the Department alleged the platform enabled individuals under 21 in Arizona to enter pay-to-play online poker tournaments for prizes while using deceptive “no purchase necessary” language; the Department said online poker is illegal in Arizona. For Kutt Inc., the Department said Arizona “social” gambling prohibits third-party benefit and directed the operator to stop allowing Arizona users to deposit money and wager on sports, politics, pop culture, and casino-style games. For Raffle Creator, the Department said the operator did not meet requirements that allow Arizona nonprofits to conduct lawful raffles and alleged it allowed people under 21 to purchase tickets for prize chances.
The Department said the notified entities are directed to immediately stop all gambling operations and activities in Arizona “whether through mobile applications, online, or otherwise,” and to cease any future illegal gambling in the state. It added that future actions may include criminal charges or civil action against entities, principals, and employees, and that operators “may be subject to a potential award of restitution” and forfeiture of monies acquired due to the alleged conduct.
The post Arizona regulator orders five operators to stop alleged illegal gambling activity appeared first on EE Gaming | Global iGaming & Tech Intelligence Hub.
Compliance Updates
Arizona Department of Gaming Issues Cease-and-Desist Orders to Multiple Operators Linked to Underage Gambling and Illegal Activity
Investigations into five online platforms lead to cease-and-desist orders alleging Arizona felonies: Promotion of Gambling; Illegal Control of an Enterprise; and Money Laundering
The Arizona Department of Gaming (Department) announced today that it has issued cease-and-desist orders to the following entities: BetOpenly, Bookmaker, Club WPT Online Poker, Kutt Inc., and Raffle Creator. Each enforcement action alleges conduct giving rise to the following felonies: promotion of gambling, illegal control of an enterprise, and money laundering. The cease-and-desist orders underscore the Department’s commitment to guard the integrity and safety of Arizona’s regulated gaming market while promoting consumer protection.
“Arizona is taking decisive action against illegal gambling operators that put Arizonans at risk,” said Jackie Johnson, Department Director. “Our top priority is protecting Arizonans and I’m grateful for the efforts of our intelligence unit led by Chief Law Enforcement Officer Doug Jensen to do just that. Through these cease-and-desist orders we are putting operators on notice: their conduct runs contrary to Arizona law and they must stop promoting illegal gambling.”
The cease-and-desist orders outlined below follow Department public safety initiatives aligned with Arizona law, which prohibits gambling unless it is specifically authorized (Ariz. Rev. Stat. Tit. 13, Ch. 33) and where the legal age to participate in gambling is 21 years old.
Regarding BetOpenly, peer-to-peer gambling in Arizona prohibits any third-party from benefiting, and that the peer-to-peer sports betting and casino games on the BetOpenly platform benefited the operator via a commission structure. Further, the Department alleges that BetOpenly enabled event wagering and daily fantasy sports contests without the requisite state licenses, facilitated availability to underage Arizonans, and allegedly engaged in illegal felony conduct: promotion of gambling; illegal control of an enterprise; and money laundering.
View cease-and-desist letter here: gaming.az.gov/sites/default/files/BetOpenly_Signed%20Cease%20and%20Desist_Redacted.pdf
Regarding Bookmaker, the Department found through its investigation that the platform facilitates wagering on horse racing, casino games, and sports betting, without holding an event wagering license or an advanced deposit wagering provider license. Online casino games are not legal in Arizona. The Department alleges that Bookmaker engaged in illegal felony conduct: promotion of gambling; illegal control of an enterprise; and money laundering.
View cease-and-desist letter here: gaming.az.gov/sites/default/files/Bookmaker_Signed%20Cease%20and%20Desist_Redacted.pdf
Regarding Club WPT Online Poker, the Department alleges that the platform enabled Arizona individuals under the age of 21 to engage in pay-to-play online poker tournaments for prizes while using deceptive “no purchase necessary” language. Online poker is illegal in Arizona. The Department alleges that Club WPT Online Poker engaged in illegal felony conduct: promotion of gambling; illegal control of an enterprise; and money laundering.
View cease-and-desist letter here: gaming.az.gov/sites/default/files/ClubWPT%20Online%20Poker_Signed%20Cease%20and%20Desist_Redacted.pdf
Regarding Kutt Inc., the Department warned the operator that legal “social” gambling in Arizona prohibits any third-party benefit, as seen in Kutt Inc.’s operations. The Department directed the platform to stop allowing users located in Arizona to deposit money into accounts and wager on sports, politics, pop culture, and play casino-style games. The Department alleges Kutt Inc. engaged in illegal felony conduct: promotion of gambling; illegal control of an enterprise; and money laundering.
View cease-and-desist letter here: gaming.az.gov/sites/default/files/Kutt%20Signed%20C%26D_Redacted.pdf
Regarding Raffle Creator, the Department identified that the operator, which did not meet the requirements that allow Arizona nonprofits to conduct lawful raffles, allowed people under the age of 21 to purchase tickets for the chance to win prizes. The Department alleges that the operator engaged in illegal felony conduct: promotion of gambling; illegal control of an enterprise; and money laundering.
View cease-and-desist letter here: gaming.az.gov/sites/default/files/Raffle%20Creator_Signed%20Cease%20and%20Desist_Redacted.pdf
With the cease-and-desist orders, notified entities are directed to immediately stop all gambling operations and activities in Arizona, whether through mobile applications, online, or otherwise, and are further directed to desist from any future illegal gambling operations in the state. Future actions may include the filing of criminal charges or a civil action against entities, principals, and employees, and the operators may be subject to a potential award of restitution to those who lost money as well as an action for forfeiture of all monies acquired due to the illegal conduct.
Arizona residents are encouraged to Check Your Bet: verify that any gambling, event wagering, or fantasy sports platform appears on the Department’s list of approved operators before participating. Regulated gaming operators are subject to Arizona statutes and rules, including applicable taxes or financial contributions that benefit the state. Regulated gaming provides important consumer protections, ensuring fair play and fair winnings, data security, accountability, and a safer overall experience.
Consumers may contact the Department about potential illegal gambling activities by emailing [email protected] or by calling 602-255-3886; consumers may remain anonymous when submitting information and tips.
The post Arizona Department of Gaming Issues Cease-and-Desist Orders to Multiple Operators Linked to Underage Gambling and Illegal Activity appeared first on Americas iGaming & Sports Betting News.
Asia
KONAMI GROUP’s Konami Gaming Inc. First to Submit Manufacturer License Application in Japan’s Emerging IR Market
KONAMI GROUP CORPORATION’s long-established gaming & systems group company Konami Gaming Inc. announced it has become the first manufacturer to submit license applications with the Japan Casino Regulatory Commission (JCRC), government regulatory agency set forth by The Cabinet of Japan. Additionally, Konami is the first manufacturer to file across all applicable license categories. These filings represent milestone events for the nation’s regulatory framework, as Japan’s emerging integrated resort (IR) market progresses in responsible development. As a leading manufacturer of casino games and technology in 400+ regulated markets worldwide, Konami is taking proactive measures in support of the Japan IR market, highly relevant to the organisation’s rich heritage as a Japanese company.
“Konami’s early filing demonstrates our commitment and readiness to engage constructively with Japan’s regulatory framework from the outset. We have approached this process with a focus on transparency, preparation, and alignment with the stringent standards established by the JCRC,” said Lori Olk, senior vice president & chief compliance officer at Konami Gaming Inc.
Construction is currently underway for the first integrated resort in Japan—an expansive development planned for 2030 opening by one of the world’s largest casino and entertainment operators. Against this backdrop, Konami’s early submission positions the company to participate during the formative stages of this emerging regulated market. Committed to the long-term health of Japan’s IR market, Konami has invested significant resources in localisation, documentation and operational planning to ensure alignment with the nation’s legal, regulatory and cultural expectations. The supplier has leveraged its longstanding compliance infrastructure, governance processes and global licensing experience to fulfill detailed requirements of the Japanese regulatory framework.
“This milestone in Konami’s application process with the JCRC represents a significant, coordinated effort across multiple business units and jurisdictions, supported by decades of experience operating in highly regulated gaming markets worldwide. As Japan continues to expand its IR framework, Konami remains focused on supporting regulatory objectives and partnering with stakeholders to deliver compliant, high-quality gaming solutions tailored to the needs of the Japanese market,” said Tom Jingoli, president & chief operating officer at Konami Gaming.
The post KONAMI GROUP’s Konami Gaming Inc. First to Submit Manufacturer License Application in Japan’s Emerging IR Market appeared first on EE Gaming | Global iGaming & Tech Intelligence Hub.
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