The ANJL, alongside the International Gaming Association (AIGAMING) and the Brazilian Gaming Association (ABRAJOGOS), hit out in a press release on Tuesday (14 January), claiming Nubank was overstepping the mark.

When transactions made using the instant payment service Pix through Nubank are classed as related to gambling, the bank displays an on-screen message saying: “How about saving this money? Some of these games are legal in Brazil, but there are no guarantees of winning. By saving this money instead of betting, you can be sure that it will yield results without any worries.”

While users can still complete the transaction, the ANJL claims the message from Nubank still violates the principle of economic freedom in Brazil and acts against the regulated betting sector in Brazil, which launched on 1 January.

“We reiterate the need to respect current legislation and a balanced and fair treatment of all legal economic activities,” the statement read.

“For the entities, the measure is discriminatory, violates basic principles of economic freedom and goes beyond the bank’s role as a regulated financial institution.”

Warning not triggered for other potentially harmful activities

The three bodies also call into question the fact Nubank is currently only issuing the message to gambling-related transactions. It does not do so for other activities linked to harm, such as cigarettes and alcohol.

In the ANJL’s view, this is both unfair and in contravention of Law No 12,865, published in October 2013.

Item III in Article 7 of Law No 12,865 states payment institutions should observe the principle of “non-discriminatory access to the services and infrastructure necessary for the functioning of the payment arrangements”.

The ANJL questions the selective nature in which Nubank is applying such alerts, with no similar messages for other purchases that could cause addiction or damage to health.

No messages from Nubank for illegal operators in Brazil

Additionally, the ANJL is critical of Nubank for only issuing the anti-gambling message for transactions made with licensed sites. This threatens the regulated betting market in Brazil, the trade body argues.

Betting’s legalisation in Brazil is supported by Laws No 13,756/2018 and 14,790/2023, as well as a string of regulations set out by the Secretariat of Prizes and Bets (SPA) in 2024.

The three bodies claim Nubank’s failure to trigger the warning for illegal operators is “aggravating the problem and discouraging the migration of consumers to properly regulated operators”.

ANJL president Plínio Lemos Jorge explained: “It makes no sense that the alerts are not activated for these illegal operators, making the scenario even worse instead of helping to strengthen regulation in the country.”