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 )
Hi, How have played BFC for many years also, can Australian players join the “class action” also, and if they can how do they contact the appropriate people dealing with the class action. Regards - Ruth
Big Fish Casino not only takes your money, but their payout is far less than even “real” casinos manager that actually pay cash winnings. If you have not played their slots, I wouldn’t blame you for not believing me because it sounds ridiculous, but I have won only one jackpot in literally THOUSANDS of spins over more than 4 years. That is a fact! They are so ridiculously tight, their greed is beyond belief. As of the time I wrote this, they recently even tightened up moreso. I assume and hope that’s true because they have to pay back millions of real dollars to people that they’ve robbed blind. There are ALWAYS. “sales”, which means there are basically no sales. They think their customers are stupid, and when you complain, they have the nerve to say they’re sorry that you are experiencing a run of “bad luck”. There is no such thing as “luck”. There are only “odds” of winning, and they’ve made those odds about zero! They have no souls.
Pleas include me in Lawsuit
I want part of this I spent my last 5 bucks on this app and now i can't get my happy meal at McDonalds
I want included in on this. How do we join this suit?
I just posted to please include me in this lawsuit but my post is not showing. I too have a grievance with BFC!!!!!
I too would like to be added to this lawsuite. I think anyone who ever made a purchase should be automatically be added to this case. I have been playing for more then 14 years, I’m a so called VIP 11 that means I have made a lot of purchases. I stopped buying about 3 years ago when I contacted their customer support over a jackpot I won but did not get my chips credited. They actually wrote me back accusing me of lying even tho I send in a screen shot. They told me that their odds are like every real casino and to keep trying. I wrote them back saying that they should have better odds then a real casino,, they should have fantasy odds. Because they are not areal casino and it is suppose to be for entertainment purposes and I also told them that they are the most expensive free game that I have ever seen! I also pointed out that their chip packages are way to overpriced, if I as a VIP 11 spend $100 real life dollars and get 60 mil chips, play in a room where the max bet to try for the JP is 15 mil that translates to 4 spins worth $25 real life dollars. That is crazy! Needless to say I have been on a losing streak ever since. I harvest my level up and the free chips for about a week, then play for about 7 minutes lose it all and start over collecting free stuff to perhaps play again in a week. Anyway they need to refund all players that have ever bought chips. I know I got suckerd in for quite a few years before I realized that the more I buy the faster I lose! So please include me on this lawsuit !
Please add me to the names in this lawsuit. I too have spent thousands of dollars on this game.
Same here. Can document 10’s of thousands over past 5+ years. Same conversations and issues. However class action lawsuits only seem to make money for legal teams. If I share my info and backup, and a lot of work to document, I want to sue and get some of my money back. Been praying for people to find a way to fight back. Known for years something was wrong and surely illegal. The people who took advantage of us should have a special place in hell. They know what they are doing.
Count me in.. I’ve had the app for 9 yrs or so ... and thousands upon thousands of dollars wasted with no return .. count me in this law suit
Count me in! They are a rip-off and a fraud. The same players win the spotlight over and over, sometimes two or three times in a row! Considering the thousands of people playing spotlight at any given time that's statistically impossible. Same odds my a**. They prey on addicts which is formally a mental illness so there must be some grounds for lawsuits based on exploitation. I want all my money back. Keep us posted, please.
I too have spent money on this site to buy chips to play and to turn around and loose the chips within a few minutes after playing. I finally just gave up and stopped playing the game because it just didn't seem fair. It was just sucking me dry. I would like to be apart of this lawsuit as well.
I also would like to participate in lawsuit. I have been playing for years. Big fish is a rip off. They take advantage of people wanting to have fun. When you buy chips, lose them right away. I’ve spent a lot of money on this app.
I have bought also but its my choice to buy your not forced to buy chips after all you get free chips everyday play smart an build it ! An yes I have paid for chips an not recieved them big fish Will give what you paid for example if you paid 19.99 for 1 million chips an you can show them you receipt you bought chips from Big fish they fix the issue an apologize always . You need be patient with them to get back to you ;)TY Big fish .
Where do I sign up? I’ve spent well over $4,000 on Jackpot Magic Slots. As someone who won’t even spend money at a real casino, that should tell you how addictive this game is. They have created just the right environment to draw you in and get you to spend big. After being a player for over 2years with no issues, I reported a Tier 16 player. Someone they cater to due to the amount of money this man spends. He goes by BEAST and is the leader of a legends team. I was a co-leader In said team. He continued to sexually harass me. I had enough and left the team, then proceeded to report him. Other women reached out saying he had done the same. He was literally trading boost for nudes pics. So we all reported to Big Fish. He went un punished while my account was banned. So 2 years, no issues and $4,000 to be being banned permanently for reporting one of their big spenders and demanding something be done. I’ve saved all correspondence, as well as BEAST’s sexual harassment to me and other women. So not only do they steal people’s hard earned money with no cash out option, they also silence sexual assault victims.