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-   -   Are there any laws against online gambling in Canada? (http://archives1.twoplustwo.com/showthread.php?t=437284)

slim 06-27-2007 02:45 PM

Are there any laws against online gambling in Canada?
 
I've been cashout out regularly from Party to my TD VISA US currency card since Jan. I did it about 4 times for at 5K each and each time the 5 K would show up as a positive balance when I check with online banking. Once it shows up, I would call VISA and request a cheque or a transfer to my main bank acct. 2 weeks ago , I made another cash out for a little over 5K and the money showed up again as a positive balance so I call VISA and request a transfer. A week or so later, it still doesn't show up in my bank acct so I call them and they tell me to wait 2 business days. Then a couple of hours after getting off the phone, I get a call from VISA saying that the money will not be transfered because it was obtained from online gambling. She says I can make purchases on the card or go to my bank and ask for cash advance but she won't make the transfer. So this morning I go to TD and ask for cash advance, bank teller didn't know what to do so she calls VISA and then after 15 min she comes back and asks me where the money was from. I tell her from online gambling and she gets back on the phone and then after another few minutes, she tells me to call VISA in aweek because they are looking into things because the money is from online gambling. AFAIK, there is no law against financial institutions completing transactions with online gambling sites. Am I wrong? I mean, I'm pretty sure that I could still make a deposit using the credit card if I wanted to and if so, how can they accept the deposit but refuse giving me my money?

nimajneb 06-27-2007 03:15 PM

Re: Are there any laws against online gambling in Canada?
 
AFAIK gaming in Canada is regulated provincially. Again AFAIK as of yet no province has shown any interest in addressing online gaming.

Likely it's either incompetence or that the banks are getting pressure from the DOJ. TD and the other banks all have extensive businesses in the US and hence could be subject to a little extortion on the DOJ's part.

slim 06-27-2007 03:18 PM

Re: Are there any laws against online gambling in Canada?
 
DOJ?

nimajneb 06-27-2007 03:22 PM

Re: Are there any laws against online gambling in Canada?
 
[ QUOTE ]
DOJ?

[/ QUOTE ]

United States Department of Justice

slim 06-27-2007 03:27 PM

Re: Are there any laws against online gambling in Canada?
 
[ QUOTE ]
[ QUOTE ]
DOJ?

[/ QUOTE ]

United States Department of Justice

[/ QUOTE ]

if your speculation is correct Canucks should start panicking a bit.

_Towelie_ 06-27-2007 03:29 PM

Re: Are there any laws against online gambling in Canada?
 
Visa's 'looking into things' eh? Lovely.

slim 06-27-2007 03:32 PM

Re: Are there any laws against online gambling in Canada?
 
I'm thinking (hoping) that Visa just realised there was a pattern of positive balances with only one debt and thought it was suspicious and don't like being used as a bank acct.

Roadstar 06-27-2007 03:32 PM

Re: Are there any laws against online gambling in Canada?
 
slim,

My speculation would be that since the Visa is in US$, they are trying to voluntarily take precautions against online gaming transactions (in line with the online gaming bill)

Obviously in my view, this is bs. So, here is how I would handle it:

1) Let your bank know you like to file a complaint. According to the Financial Consumer Agency of Canada (FCAC): "All banks, retail associations and federal trust, loan and insurance companies must, by law, have a complaint-handling process in place for consumers." See: http://www.fcac-acfc.gc.ca/eng/consu...ts/default.asp

2) If that doesn't work, tell your bank you intend to file a complaint with the FCAC. That should get their attention REAL quick and process your transaction immediately.

I'm not advocating being a dick. But frequently ppl are not quick to tell you the obligations an institution have to you and also your rights afforded by our government.... much similar to the good old "sorry we don't offer refunds" .. where upon closer inspection of our laws, the sales of goods act affords us the condition of "merchantibility" (subject to a bunch of stuff) that merchants can not excempt themselves from (i.e. saying no refunds is pointless).

Hope this helps,

Roadstar

nimajneb 06-27-2007 03:34 PM

Re: Are there any laws against online gambling in Canada?
 
No need to panic yet, we are talking about the banks, incompetence is the far more likely answer.

SlightlyMad 06-27-2007 04:08 PM

Re: Are there any laws against online gambling in Canada?
 
It depends on whether the bank's VISA processor is located in Canada (TD) or in the US (RBC) as to whether or not they can handle gambling cash transfers. Your TD US$ Visa, on the other hand, might actually be housed in the US.

Frankly, I think you've been lucky to cash back to your TD Visa up until now. Almost every site that I tried it on back in 2005 told me "We can't do that since you live in Canada", hence the need for a e-wallet or to issue a cheque/EFT through Party.

I can see why VISA, with a large US presence, might be leery about consumers using their VISA cards (issued and handled by Canadian institutions) as wallets to pass through gambling transactions at this point. Why else would Neteller, Citadel and Firepay, all with Canadian employees, shut down payment processing services to Canadians? (BTW, did anyone ever get a satisfactory answer as to what caused that? I asked all three, and no one would disclose anything aside from vague threats regarding the legality of certain aspects of online gaming.)


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