In recent days, Nubank has been alerting customers about transfers made to gambling sites, suggesting that they should save the money in applications at the digital bank. The associations AIGAMING, ABRAJOGOS, and ANJL released a note of repudiation against the action this Tuesday (14), considering the measure discriminatory, violating basic principles of economic freedom, and exceeding the role of the bank as a regulated financial institution.
When identifying that a transfer is destined for a gambling house, the app displays an alert with the question: “Is this transfer for a gambling house?”.
If the customer confirms, Nubank presents an informative message highlighting that, although some games are legalized in Brazil, there are no guarantees of winning.
In addition, the bank suggests the possibility of saving the money in a “little box” – a feature of the platform that allows saving in a practical way.
Some users questioned whether this feature would be an interference in the personal decisions of the customers.
When questioned, Nubank states that it is “always looking for opportunities to improve the customer experience”.
Furthermore, it reiterates that it “frequently tests new products and solutions for a small portion of the user base”, implying that the alerts are not for everyone.
Stance contrary to economic freedom and regulated activity
“The gambling sector is legalized by Laws No. 14.790/2023 and 13.756/2018 and regulated by ministerial orders. By adopting this practice, Nubank positions itself against an activity that is completely legal in Brazil”, the associations state in the note.
Another point highlighted in the note is Nubank's lack of criteria in ignoring hundreds of illegal sites still operating in Brazil. “It makes no sense that the alerts are not activated for these illegal operators, worsening the scenario instead of helping to strengthen regulation in the country”, evaluates Plínio Lemos Jorge, president of ANJL.
The associations advocate for equal treatment and respect for current legislation, in addition to reinforcing that the gambling sector already contributes to the development of Brazil with the payment of taxes and the creation of formal jobs.
Note of Repudiation to Nubank's alert about gambling sites
The associations AIGAMING, ABRAJOGOS, and ANJL publicly express their repudiation of Nubank's initiative to alert its customers against transfers made to gambling sites. Such a measure violates the principles of equality and economic freedom, exceeding the role of the bank as a regulated financial institution.
The gambling sector in Brazil is legalized by Laws No. 14.790/2023 and 13.756/2018, and is also regulated by a series of orders issued by the Ministries of Finance and Sports. In this sense, we consider that Nubank, by adopting such a stance, positions itself against an activity recognized by Brazilian legislation.
Furthermore, we question the selectivity in the application of these alerts. As highlighted by the lawyer and president of ANJL, Plínio Lemos Jorge, the bank does not issue the same alert when the customer purchases items such as alcoholic beverages and cigarettes, also pointed out as causing addiction and health damage.
Another concerning point is that, while regulation advances to curb illegal practices, there are still hundreds of unlicensed gambling sites operating in the Brazilian market. However, Nubank's alert is not activated for transactions made to these sites, aggravating the problem and discouraging the migration of consumers to properly regulated operators.
“It makes no sense that the alerts are not activated for these illegal operators, worsening the scenario instead of helping to strengthen regulation in the country", evaluates Plínio Lemos Jorge, president of ANJL.
We reiterate the need for respect for current legislation and for a balanced and fair treatment of all legal economic activities.
January 14, 2025
AIGAMING (International Gaming Association), ABRAJOGOS, and ANJL (National Association of Games and Lotteries)
Source: GMB
