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Question of the Day - 26 February 2006

Q:
The online poker site where I play claims to take VISA and MasterCard as deposit options. However, every time I've tried to use a credit card to make a deposit, the charge has been denied. One of my card companies' fraud department even called me once to make sure my card hadn't been stolen; they then informed me that they never honor charges for online gambling. I know there are other payment options, but I'm not real keen on giving a third-party payment company my bank info just to play poker. Are there any credit-card companies that honor an online gambling transaction?
A:

We don't know of any bank in the U.S. that issues debit or credit cards that can be used for online gambling transactions. There may be some, and if anyone knows of any, please let us know via the QoD submission system and we'll post them as an update to this question.

Many people are under the erroneous belief that the reason the credit-card companies deny these transactions is because online gambling is illegal. This isn't the case (although note that some states do have laws that prohibit online gambling). It's actually primarily because of the amount of fraud perpetrated by the consumers (repeat: not the gambling sites, but the players). In too many instances, people charged and charged and ran up large gambling debts on their credit cards, then did chargebacks and claimed these charges were not theirs. So the banks tightened their policies.

A particularly notable event that triggered many of these policy changes involved one Cynthia Haines, a California woman who ran up $70,000 on her MasterCard account(s) while gambling on the Internet. She was sued by her credit issuer for the amount, whereupon she filed a countersuit saying that she shouldn't have to pay for those charges, her reason being that they shouldn’t have allowed her to gamble with credit in the first place. A 1993 California case, Metropolitan Creditors Service of Sacramento v. Sadri, had set a precedent stating that gambling debts are not collectible in that state. This eventually resulted in a settlement between the bank and Haines and led MasterCard to create much more stringent policies with regard to permitting such charges.

In addition to customer fraud, there has been pressure exerted on credit card companies, and American money transfer companies like PayPal, by government agencies. PayPal stopped allowing transactions with online gambling sites, and also paid a $10 million settlement with the government. In New York, Eliot Spitzer, acting as Attorney General, also put pressure on banks to disallow these transactions, and was able to get large banks such as Citibank to decline the transactions.

Over time, it appears that credit card companies just found it was more trouble than it was worth to allow these transactions.

The industry leader in money transfers these days is NeTeller (www.NeTeller.com ). You may register your bank account with them and then do electronic funds transfers back and forth. For people who have used PayPal, the system is similar. NeTeller was originally a Canadian company that began to thrive once PayPal stopped allowing online gambling transactions, becoming a huge and profitable business. It's now based on the Isle of Man and is publicly listed on the London AIM stock exchange. We feel comfortable endorsing NeTeller, not only as a safe third-party institution to give your banking information to, but also as your best avenue for online gambling.

Note: Sen. John Kyl (R-AZ) has consistently led the attack against Internet casinos. Over the past several years, he’s repeatedly introduced bills aimed at outlawing online gambling. (Interestingly, his stance — that online gambling needs to be made illegal — would seem logically to imply that it currently is not illegal, though he naturally downplays that suggestion.) This legislation is designed to attack the money-transfer systems that people use, including credit-card transactions and bank transfers. Since we're unaware of any credit-card companies that allow these transactions, and because companies like NeTeller are not based in the States, we're not sure that the bill would effectively do anything, were it ever to be passed. It would, however, make online gambling more clearly illegal, although whether this would have any impact on Americans gambling online is doubtful. In our opinion, it's the legislative equivalent of spitting in the ocean.

Update 23 February 2006
NOTE: The answer to this QoD was damaged during a SQL attack, but the facts as stated are now irrelevant, following subsequent changes to legislation. More recent information about the legal status of Internet wagering can be found in the monthly LVA members-only newsletter, and in frequent updates in Today's News at lasvegasadvisor.com and at Poker News at lvapoker.com. Many thanks to all who have written in with feedback concerning their personal experiences in this area. Here are some of the responses we've received:
  • "I have a debit card that works at online sites and my dad has a MasterCard that works. We also have several that don't. My friend tried to use his Visa and they temporarily shut down his account. When he called the bank they told him it was because online gambling was illegal."
  • "Get a prepaid MasterCard or Visa - they will work for gambling deposits and you can reload your card whenever."
  • "I've used my Wells Fargo debit-card (ATM with Visa logo) to make deposits into online poker accounts many times, most recently last month. Their fraud prevention office has called my home each time but allowed the transaction to go through."
  • "I have found that my Bank of America Visa debit card works. Also, MoneyBox (check cashing) offers a pre-paid MasterCard debit card that works online."
  • "I can use my Diners Club on Click2Pay to make a deposit. Diners Club is now affiliated with MasterCard, so it has that type of credit-card number. I haven't tried to use the card directly on an online site, however."
  • "I have not had an issue using a Visa debit-card (the kind that draws directly from your bank account) and have used three different banks over the last year or two.
  • "I have two friends who each belong to a credit union (one for state employees and one for federal employees) and the credit-cards issued by those credit unions are usable for deposits at online poker sites."
  • "It is worth noting that NeTeller is not available to everyone. When I moved to Maryland last year, my account was instantly closed. I'm not sure of the finer details, but the state of Maryland does not allow NeTeller accounts."
  • "Personally, I think funding an account with a regular credit-card sounds like a very dangerous idea. Online gambling is addictive enough; with the plethora of credit options available, funding an account on credit could have disastrous results. At least with cash (i.e., debit-cards), you're limited to the amount of money in your bank account."
  • "A credit card for online gaming: Casino Kingdom took my Visa from Chase Bank with no problem."
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