Should I sue the casino for allowing me to bypass my credit card limit?

[rainman514]

Ontario, Canada and Niagara Falls, New York

Hello. I am a pathological gambler who suffered a massive loss in an American casino. I come from Canada and have drained my bank accounts of close to 210k CAD by transferring the money to my credit card, and using the credit card to cash advance at the casino cage. Normally, no matter how much available credit limit I have on the card, it is limited to around 5k daily unless I call them to request that limit be temperarily removed. However, at the casino, I was able to consistently withdraw, transfer from bank acct to cc, withdraw, rinse and repeat until my bank accounts were drained.

Is it plausible to sue the casino, or the credit card, for allowing this to happen? I know there is no duty from the casinos to keep problem gamblers from gambling, but is there a case here for enabling their customers to bypass the limits and cash advance that much money?

Please advise.

 

[quincy]

Ontario, Canada and Niagara Falls, New York

Hello. I am a pathological gambler who suffered a massive loss in an American casino. I come from Canada and have drained my bank accounts of close to 210k CAD by transferring the money to my credit card, and using the credit card to cash advance at the casino cage. Normally, no matter how much available credit limit I have on the card, it is limited to around 5k daily unless I call them to request that limit be temperarily removed. However, at the casino, I was able to consistently withdraw, transfer from bank acct to cc, withdraw, rinse and repeat until my bank accounts were drained.

Is it plausible to sue the casino, or the credit card, for allowing this to happen? I know there is no duty from the casinos to keep problem gamblers from gambling, but is there a case here for enabling their customers to bypass the limits and cash advance that much money?

Please advise.

No.

You should seek help for your gambling addiction. Gamblers Anonymous has claimed successes.

 

[rainman514]

No.

You should seek help for your gambling addiction. Gamblers Anonymous has claimed successes.

Yes I am currently seeking help from a therapist and GA. But is your "No", a no I shouldn't or no it won't work?

 

[quincy]

Yes I am currently seeking help from a therapist and GA. But is your "No", a no I shouldn't or no it won't work?

I see no legal action for you to pursue successfully against either the casino or the bank. Neither are charged with controlling your use (or misuse) of your money.

I wish you good luck with your therapy and with Gamblers Anonymous.

 

[adjusterjack]

is there a case here for enabling their customers to bypass the limits and cash advance that much money?

No. There is no case.

You're an addict. You have no one to blame but yourself for your addiction. Admit it and stop blaming the casino.

 

[Taxing Matters]

Yes I am currently seeking help from a therapist and GA. But is your "No", a no I shouldn't or no it won't work?

So far in the United States litigation against casinos for the losses incurred by gambling addicts has not been successful. The courts hold that the casinos have no duty to the gambler to identify those who are addicts and exclude them from gambling. Had you put yourself on an self exclusion list with the casino (if it even maintains one) you might have a little better shot at success, but even there it has been hard to win against casinos. The general view of the public in the U.S. is that gamblers are responsible for their own behavior, and when gamblers lose, it's their fault. Adjusterjack's reply perfectly illustrates that view. It is this prevailing view that guides the policy in the U.S.

My understanding is that it is bit different in Canada, and casinos in at least one province may have a greater duty to gamblers than they do in the U.S. But if you know you have gambling problem, I would recommend you stay away from all gambling and not rely on the casinos to limit your gambling.

 

[quincy]

Here is an interesting (albeit older) article on gambling addiction and the brain, published by Scientific American:

https://www.scientificamerican.com/article/how-the-brain-gets-addicted-to-gambling/