A Brazilian court has upheld a claim brought by a bettor against HS do Brasil, the local operator of bet365, in a case that adds to growing legal pressure on sportsbooks operating in the nation’s regulated market.
The case involved a live wager placed during a baseball game between the New York Mets and Toronto Blue Jays. The plaintiff, Brenno Vinicius Mendes Cunha, placed a bet of R$1,460 on more than 0.5 runs being scored in the second inning, at odds of 1.69. The winning bet resulted in R$2,467.40 being credited to the account.
However, after the conclusion of the game, HS do Brasil retroactively revised the odds and deducted R$774 from the bettor’s balance, referring to a pricing error.
The operator claimed that the odds had been distorted due to in-play fluctuations and suggested that the bettor exploited that error, wagering more than they typically would.
Judge Andreza Alves de Souza rejected the company’s defence, ruling that the relationship was one of consumer and service provider, and therefore subject to Brazil’s Consumer Protection Code.
She concluded that the operator had violated the terms of the original offer by altering the bet outcome after the event had concluded.
Judge Souza stated: “The bet was paid in disagreement with the offer, violating the provisions of the Consumer Protection Code.”
The court then ordered HS do Brasil to refund the deducted amount in full, yet a request from the plaintiff for double restitution was denied, as the court found no conclusive evidence of intentional misconduct.
A further claim for R$10,000 in moral damages was also rejected, with the judge ruling that breach of contract alone was insufficient to establish harm to personal rights.
The decision was handed down on 21 July 2025, with the plaintiff now able to initiate enforcement proceedings if they so desire. Should the company fail to comply voluntarily, it may be subject to an additional 10% penalty on the court-ordered fee amount.
Brazilian betting’s tough adjustment
Coinciding with the launch of the regulated Brazilian market, bet365 entered the nation at the start of the year, bringing a tailored offering to the market through partnerships with the likes of Incentive Games, who supplied the firm with crash games – a popular game format in Latin America.
While the Brazilian market has benefitted operators with new opportunities for revenue through its Bets regime, the nation’s Finance Minister Fernando Haddad recently outlined his desire to halt the nation’s gambling market – referring to it as a “mess we’ve landed in”.
This followed news that Brazilian authorities, having been probed by Haddad, are considering raising taxes on gross gaming revenue (GGR), which could be set to rise from 12% to 18%.
Reacting to this proposal, gambling stakeholders in the Brazilian market expressed “serious concerns” over raising the tax rate.
Concerns were outlined in a letter signed by the Brazilian Association of Games and Lotteries (AbraJogo), the Association of Bets and Fantasy Sports (ABFS), the International Gaming Association (AIGaming), the Brazilian Institute for Responsible Gaming (IBJR), and the Legal Gaming Institute (IJL).
It warned that the tax hike “could have severely adverse consequences, potentially strangling legal operations and paradoxically strengthening the illegal market that operates outside the law and regulatory oversight.”
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