UKGC: No Data on 'Material' T&C Changes
FOI response clarifies operators, not the regulator, are responsible for deciding when to notify customers of term changes.
A Freedom of Information response reveals the UK Gambling Commission does not track or hold data on whether operator T&C changes are 'material'. The disclosure clarifies that the responsibility to assess changes and notify users lies solely with the gambling companies themselves.
Article Content
A Freedom of Information (FOI) response from the Gambling Commission (UKGC) has confirmed that the regulator does not hold information on whether specific changes to an operator's terms and conditions are considered 'material'. The disclosure, published following a request on 18 April 2024, clarifies that the responsibility for assessing and notifying customers of significant changes rests with the gambling operators themselves.
The FOI Request
The request asked the UKGC whether the launch of the 'Pool Guarantee Scheme' by licensee TDCO Limited, which trades as Tote, represented a "material change" under Licence Conditions and Codes of Practice (LCCP) 7.1.1. A material change would legally require the operator to notify its customers before the new terms came into effect.
This question sought to understand the regulatory view on a specific change made by a licensed operator and whether it met the threshold for mandatory customer communication.
The Commission's Response
The UKGC's official outcome was "Information not held". However, the Commission provided a detailed explanation for this response, which reveals a key aspect of its regulatory approach.
The regulator explained that operators are not required to notify the UKGC of changes to their terms and conditions under LCCP 7.1.1 (3). The rule in question is focused on the operator's direct responsibility to its customers.
The LCCP requirement states:
"Licensees must ensure that changes to customer contract terms comply with the fairness and transparency requirements under the Consumer Rights Act 2015. Customers must be notified of material changes to terms before they come into effect."
Because the obligation is on the operator to notify customers—not the Commission—the UKGC confirmed that it holds no information within the scope of the request. The regulator does not maintain a record of which T&C changes are deemed 'material' by operators.
What This Means for Consumers
This response highlights a crucial element of the UK gambling regulatory framework. The UKGC sets the rules, but it is the operator's responsibility to interpret and apply them in its day-to-day operations. The system relies on operators to correctly identify a 'material change' and act accordingly.
For consumers, this means:
- The Onus is on the Operator: Gambling companies are solely responsible for deciding if a change to their service or terms is significant enough to warrant notifying you. The UKGC does not pre-approve these decisions.
- Consumer Vigilance is Key: You cannot assume the regulator has vetted every change to an operator's terms. It is important to read any notifications you receive from gambling companies about T&C updates.
- Path for Complaints: If you feel an operator has made a material change without properly informing you, your first step is to use the operator's official complaints procedure. If you remain unsatisfied, you can escalate the issue to an approved Alternative Dispute Resolution (ADR) provider.
The UKGC's role is primarily one of enforcement. If it identifies a pattern of an operator failing to notify customers of material changes, it can take regulatory action for breaching its licence conditions.