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RIO – The deadline ended and one of the bettors who won the Mega-Sena of the turn did not seem to pocket the prize. He made the bet on the internet and, in theory, he could be identified. Procon-SP analyzes legal measures against Caixa so that the entity changes the procedures regarding online gambling. The agency assesses that there is no justification for the bank not to notify the winner of the R $ 162 million prize of the Mega da Virada of 2020. As it is an electronic bet, there would be an expectation that the bettor would at least be informed of the existence of the award, automatically, respecting the right to information provided for in the Consumer Protection Code.
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The consumer protection agency asked the institution identify the winner from São Paulo to award the jackpot. The bank, however, refused, stating that it is the player’s obligation to claim payment, as this is expressly written in the rules of the game and is public knowledge.
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Caixa says that it does not register, along with the bet, the identity of the bettor, regardless of the sales channel. Thus, “the registration made in the online sales system is not registered in the bets made, which are independent and inviolable, for the protection of the bettor himself”.
Also according to the institution, the measures are essential to guarantee the safety and integrity of the Caixa Lotteries.
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Procon: Caixa cannot wait for the deadline
The draw carried out in the last hours of 2020 featured two winning tickets: one from Aracaju (SE) and the other from São Paulo (SP). The Sergeant took out his half, while the São Paulo player, who made the bet through the Caixa digital channel, did not appear.
Without contact, the amount will be transferred to the Financing Fund for Higher Education Students (Fies), according to Caixa.
For Procon-SP, since the bet was made through the Internet, when registering and paying with a credit card, it would be possible to find the consumer in the system.
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“If identification of the bettor is possible, Caixa cannot comfortably wait for the term to expire and appropriate the money. If the bettor is dead, the prize belongs to his heirs ”, says Fernando Capez, executive director of Procon-SP.
And, if the bet was made electronically, it is the duty of the financial institution to report if it is not possible to identify its author, ”continues Capez.
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Caixa alleges that the winner has the obligation to claim the prize within 90 days and that the purpose of the registration made in the virtual environment is to verify compliance with the qualification of the interested party as a gambler (civil majority, resident in Brazilian national territory, Valid CPF, etc.) and not locating the winners.
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The institution is based on a 1967 law, which establishes the deadline for withdrawing the prizes at three months.
“This law is from a time when there were no electronic bets or the internet or the possibility of identifying the bettor. It is obvious that this device has been reinterpreted since the 1988 Constitution and the Consumer Protection Code ”, argues Capez.
