Big Fish Social Casino Targeted by New Class Action Lawsuit in Washington State
Posted on: February 20, 2019, 02:37h.
Last updated on: February 20, 2019, 02:37h.
Seattle-based social casino Big Fish is facing a fresh class-action lawsuit that accuses it of operating “illegal online casino games.”
The play-money site was hit by several similar lawsuits last year after a federal court in Seattle ruled that the virtual chips used in Big Fish’s casino games could be considered to be “something of value,” which meant they could be defined as gambling under Washington State law.
The state defines gambling as “risking something of value on the outcome of a contest of chance or a future contingent event not under the person’s control or influence to receive something of value in the event of a certain outcome.”
Big Fish to Fry?
The new suit names Big Fish’s former owner, Churchill Downs, and new owner, Aristocrat Technologies, as defendants. The social games developer was acquired by Australian slots manufacturer Aristocrat in January 2018 — three months before the court’s ruling — for almost $1 billion.
While Big Fish’s games are ostensibly free to play, extra chips can be acquired through in-app purchases.
Curiously, the new lawsuit accuses Big Fish of using practices similar to casinos to reap “huge profits” while never paying out anything of monetary value — an accusation that appears to be self-defeating, since the virtual chips players win must have “value” in order to be considered gambling.
As we allege in our complaint, the mobile gambling industry, by design, preys on consumers by bringing additive gambling opportunities directly into their homes,” Christopher Dore, an attorney representing the plaintiff, Florida resident Manasa Thimmegowda, told Komo News.
“We look forward to proving that companies are aware that many of their customers fall victim to these gambling games, with significant negative impacts on their lives financially and otherwise.”
Appeal Expected
The original case against Big Fish was brought in 2015 by former player Cheryl Kater, who claimed she had spent $1,000 topping up chips on the site. She argued Big Fish violated several Washington State statutes, including the Recovery of Money Lost at Gambling Act and the Washington Consumer Protection Act.
The case was tossed in 2016, but Kater appealed. The resulting verdict was a shock to the social gaming industry and could have ramifications not just for social casinos but for any game that employs microtransactions and an element of chance.
In April last year, Aristocrat vowed to work with Churchill Downs to appeal the verdict, emphasizing there were?“meritorious legal and factual defenses against [Kater’s] allegations and requests for relief.”
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Last Comments ( 84 )
I too have had the same happen to me. I want part in this lawsuit.
I have been playing this game for over 2 years and it’s a fun social game. Big Fish is getting really greedy. Once you buy coins, you are flagged and keep losing no matter what you bid or play. I’ve been over billed, didn’t receive coins/gold with purchase and the games don’t pay correctly when they really are pushing you to buy. I have screenshots of everything I have experienced If this lawsuit is still being organized, I would like to be added!!!
Sign me up too. What Big Fish is doing is totally bogus. I cannot even tell you how many times I have expressed my concerns to them, stating that they cannot charge money and not provide equal or greater value of something that was purchased. I can provide every receipt I have ever purchased from them as well as every email I have received and replied to in regards to my concerns. They operate as if these purchased virtual chips are actually valuable, and they are on some kind of strict budget to let people win them or give them away. The problem is that they collect purchases for an unreal amount of money and provide minuscule merchandise; totally illegal and a total bogus business practice. There is a reason that Big Fish Casino has been bought and sold multiple times over the years. Why would you sell an virtual online game that made 200 mil a year over and over again? Answer: Because they understand that the business practice that they bought into is unethical, bogus, and unfair to each customer. I would love to be a part of this class action as well. As mentioned above, I can provide every receipt/email ever over the past years of being another victim of illegal gambling.
PLEASE INCLUDE ME!!! I had a feeling that I was not alone! It's probably trillions of dollars being spent on this app and the sad part is that they use and count on the friendships that form in the virtual chat room setting to trap and addict the players. I've read a great number of the comments and it enrages me to know that this company is doing this to that many people and getting away with it. I've been playing for years and have tried deleting on numerous occasions, only to redownload it over and over again. I'm willing to share my banking information and iTunes receipts as evidence to support the sad truth and witness to the ridiculous amounts of real money that I've lost chasing fake virtual jackpots. I want to sue for lost wages, pain and suffering and all of the stress that I've endured since day one. Even if I don't get a dime of my money back, I would be satisfied to have the app discontinued!
I have been a victim as well. I watched the weekly VIP bonuses go out on Monday and suddenly start losing all my chips. I watched the spotlight jp go to well over 200m meaning nobody is hitting while there are 10x more people playing. It’s continuous week after week. Also the same thing every Tuesday when club bonuses are paid. I’ve been playing 10 years now thru 3 owners and I’ve never seen this happen. Now I can’t get on my account bc I’m not signing a waiver?? Ok well I bought and paid for those chips. But funny thing is non Vip and non buyers are not locked out. Illegal? Yes!!! Sign me up in the lawsuit. I’ve got 100 friends who can give you the same story. All of us out of $$$kkk. They need to be executed for taking advantage of people. It’s beyond greed.
I too have been taken advantage of by BF, the amount of money that I have spent just to see if I could win is ridiculous, I win very small amounts compared to my bets and I don’t bet high. I haven’t won a mini or scatter in months, I don’t play as much because of the win/loss ratio, you have better luck at a real casino. I would like my money back too,count me in.
Hi, how can I sign up for the class action? BF robbed me more then 20,000 $.........the odds are the same for everyone? LOL absolutely not true! Today some players of my Club got a pop up where they have to agree NOT to participate in class actions. If you don’t accept it, you can’t play anymore. Is this legal?
I also have fallen victim of Big Fish’s Jackpot Magic Slot scam. The amount of money spent to get the same response that the odds are the same for every player. We all know it’s a lie. To be disconnected in rooms due to winning. I would love to get back every dollar spent. I would absolutely partake in this lawsuit. Sign me up please.
I find this lawsuit absolutely ludicrous. It is a perfect example of the stupidity of people and wanting to blame others for their stupidity. Yes you can buy chips with real money but there is never any promise of a return of real money to you. If you don't want to spend money on Chips DONT. It is that simple. I have never spent a cent on BigFish in the three years I have played it and I continue to win and lose. Smarten up people you are responsible for your own actions
I’ve spend well over 15,000$ total with Bigfish and I’m tired of it.. it all started with a 99 cent purchase To 15,000$ in receipts from ITunes I need all my Money Back
Glad to learn this news. Have been playing BFC almost from the begining and find it very emotionally damaging the way they never let you win and stay ahead of your chips. Have spun hundreds of thousands of times NEVER hitting a jackpot or even close. This is the most corrupt company and don't understand how they still operate. $20 for chips that are gone in mere minuets is not a game, but a system to rob people of their cash. Hope these crooks rot in jail!
I BELIEVE BF CONTROLS SOMEHOW EVERYTHING THAT HAPPENS WITH THEIR SOFTWARE AND OF COURSE THEY WANT U TO BUY COINS SO IT TO THEIR ECONOMIC BENEFIT TO DRAW U INTO TO BUYING COINS TO PLAY WITH BY LETTING U WIN A LITTLE AND THEN MAKING SURE U LOSE SO IF U WANT TO PLAY U WILL HAVE TO BUY MORE CHIPS. IT'S A VERY VICIOUS CYCLE. I NO MORE THINK THE ODDS ARE RANDOM THAN I THINK COWS CAN FLY!!!!!
Crystal I know how you feel. I'm in tier 15 so I feel you pain. Their odds are so poor that you have better chances in a real casino with real money. I know they feel the pain as more and more are leaving the app or not purchasing anymore. I am a team leader so I am tied to it unless I give up my team. They have taken the fun out of the app and I really feel it was when they created the "teams". The competition has increased drastically which pushes people to purchase. There is no casual spinning anymore. I could go on and on actually. Darla with a tier 15 account you should have a personal Rep you can deal with.
I’m an EXTREMELY INTERESTED! I hate to admit I’ve spent asinine amount of real money for fake chips. I’m now at the infamous “ doesn’t exist” tier 16 and I’ve gotten here in a 3-4 year period! Now ask me how often I have chips… especially since I quit buying a couple of months ago. I could spend days here airing my grievances. The only winners are their “chosen” players which are more than likely BFC EMPLOYEES OR FRIENDS/FAMILY OF BFC OR GHOST PLAYERS! I could have bought a house, rv, boats, vehicles etc ……… ALL THE ME MENTIONED ITEMS for what I’ve spent. I don’t expect to be a multi billionaire but I sure don’t expect to stay poverty stricken either. And if I hear anything about the same odds or BF can’t control algorithms…… I call BS! Prove it to me!
I stop buying about 3 years ago after spending between 3-500.00 a month and not winning. Then when I’d buy chips they would not be added to my account and between dealing with customer service I finally said I’m not buying fake chips to spin zeros. I hope they have to pay. I’d love to be apart of that lawsuit. And forget about complaining about it on Facebook they have blocked me and others from posting.