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 purchased the fish. I was a fairly new player. The fish was supposed to be 4.99. They tried to take 99.00 out of my bank account. My credit union stopped it, or they would have. Who can we talk to about stopping them.
I'm absolutely sickened by the money spent over the years I can't even think about it and then when they give me chips it's just spin after spin and no win!!! The reels speed up then flip over anything that comes close to a win. I need help as well I would really like something back after getting cheated hey, this is just the start, I couldn't even play after being level 13 until I signed a waiver? So I can't get into my game until I sign this it was complete bullshit. What can I do? I can't even begin to tell you how unfair it's been... I worried that they're going to see this and then make it even worse for me I mean it's literally that bad I'm afraid to even write them and complain.
They have robbed me of thousands and ignore my emails this is the most corrupt company i have ever dealt with than they make you sign this agreement are you can not play , they are thieves and very dishonest please help us and thank you
I would love to be a part of this law suit but not sure if it covers Germany.anyhow all wat players saying above is what all experience.thankfully I’m able to stop spending like crazy.i buy less now because I get nothing in return but Zeros now for 6 months.bevor I was able to win billions but than bf takes them back in a nanosecond.after i had maybe 2 weeks of winning the dry period starts 6 to 8 month.this game is highly addictive! There peoples who spending insane amounts of money and lost everything and it ruins there life.im able to stop mysel left all this clubbing business because it gives bf even more.but many people are highly addicted bf calling them big whales.go to u tube it’s all there.and it’s also discriminating players in other countries because of the time difference they not able to play ph.the amount one pays and the amount one wins is in no relation. Now they let players sign not to file a law suit.what a fraudulent company.i would love to sign...
I live in Australia and doubt there would be coverage of the above law suit with bfc for Australians. I have been playing for years and probably outlayed around AUD250. I found everytime I bought chips the chips would go within minutes. I have been collecting the free chips for quite a long time and find I have better payouts periodically. I hope the court investigators will examine/compare the promotional offers to the payout settings to see if there is a correlation of decreased payout for players and increased profit for bfc. The other to be wary of is don't play on weekends and public holidays. There currently is a player who belongs to a player club I had joined and over a period of 6 weeks he was winning over a 1 Billion chips as the weeks have dwindled on he is lucky if he wins 6 Million chips. This player during this time had a hiatus of around a week with no wins I think bfc skinned him alive for his money and now he is broke. I know this is presumptious of me to say this but I have played here for a long time and monitor other players who frequently play and initially you see them with wins of multi millions and then you will see them playing with less than 10 million. These people have addictive characteristics and gambling sites pray on the vulnerable without any conscious what so ever. For small players rewards in chips is ok but for big wheelers they should be playing for cash returns but I don't think these Casinos' operate on honesty and integrity. Good luck to you all I hope you will be compensated for your losses and have learned a valuable lesson. Money doesn't grow on trees :)
In all the years of playing Big Fish Casino, January was the first month ever that they let me win after I agreed to not file suit. They took it away just as fast. Now they charged me 15.00 dollars on top of $249.00. How is that legal?, they are virtual chips. Where do I sign to sue them. I lost thousands, its embarrassing to say the least. I feel so stupid, at least at a real casino you have odds that are way better.
This is the most ludicrous thing I have ever read on the Internet. How, exactly, did the game force you to get out your credit card and spend $15,000?
same for on all of the aristocat sites.. if you complain they reply with the odds are the same as in actual casinos... my thought is like well i wouldnt be betting 100.000 chips or more at time in a real casino with abosultely no chance to win real money.. they have way to many pop up adds to purchase while you are playing in the middles of games.. not to mention all the pop ups while you are not playing a game. the way they sneak them in at the end of spin so quickly leads to many accidental clicks on the adds. i would defintely be interested in suits agianst the other aristocat site as well.
Glad to read other posts. One thing that I know for a fact is a big problem is if you purchase multiple times on the same day or over multiple times during the week AND you purchase using your iPhone & iTunes. I went crazy one week and purchased about $900 in one week (I tracked date/time of each purchase). Guess what... iTunes charged me over $1500. It took me three weeks calling Apple to get a refund. I don't know if it's Apple or Big Fish Casino that caused the problem, but my guess is that it's Big Fish. I believe it took so long for Apple to refund the bogus charges because they had to get in touch with Big Fish to confirm all purchases. I truly believe Big Fish submitted bogus charges and hoped I was too inept to notice the extra changes. Big Fish = Big Crook. Plus recently they wouldn't let you continue playing until you opted out of the Class Action suit. WTF? I've paid for chips, and BF won't let me play them UNLESS I opt out of the Class Action lawsuit. Seems illegal to me.
I have spent enough real money for several years $10,000.00 or more. I am broke and disappointed. My tier level 12 does nothing to help you win. I would like to be part of this suit. They need to be stopped. This is deceptive trade practices at its finest. I have even used 2 devices at the same table, and can prove just how the outcome is predetermined by the app. This is an outrage.
Regretting my use of this App after reading these comments. Now I know why I lost thousands. You are truly scumbags bf. I want in on this suit. You bunch of thieves.
I too am a victim they prey on the losers and give nothing in return I’ve spent thousands and I always wind up at 00000.. ridiculous I want in this class action lawsuit !
I have been wrongly charged thousands also! When I purchased they charged me 4xs for one purchase many times!
my wife got addicted to this awful app and has cost her thousands of dollars not only that the sexual predators are breaking up Marriage's I want in
Me too I’ve been taking advantage to by bigfish tens of thousands of dollars