Top Class Actions  |  December 17, 2020

Category: Closed Class Actions

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This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

big fish casino games on smartphone

UPDATE 3:

  • TCA viewers reported this settlement paying out up to $57,000 as of July 14, 2021.
  • Congratulations to everyone who filed a claim and got paid!

UPDATE 2:

  • According to the settlement website, settlement payments are now scheduled to be made on or before July 11, 2021.
  • We appreciate your ongoing patience.
  • Top Class Actions will continue to provide updates as we learn more.

UPDATE:

  • The Big Fish Casino Class Action Settlement was granted final approval Feb. 11, 2021.
  • Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Big Fish Casino has agreed to resolve two class action lawsuits against it with a $155 million settlement deal. The settlement will provide cash payments of varying sizes depending on the amount spent on in-app purchases.

The settlement benefits individuals who played Big Fish Casino, Jackpot Magic Slots or Epic Diamond Slots on or before Aug. 31, 2020.

Plaintiffs in the Big Fish Casino class action lawsuits claimed the online game platform counts as illegal gambling due to the nature of the games. Through in-app purchases, users allegedly wager real money on these games.

According to the plaintiffs, these games therefore violate Washington gambling laws.

“Defendants’ online gambling games are illegal gambling games because they are online games at which players wager things of value (the chips) and by an element of chance (e.g., by spinning an online slot machine) are able to obtain additional entertainment and extend gameplay (by winning additional chips),” the Big Fish Casino class action lawsuit argued.

One plaintiff, Manasa Thimmegowda, said she started playing Big Fish Casino games in November 2017. Since then, she allegedly has lost more than $3,000 through in-app purchases.

Thimmegowda’s experience is allegedly not unique.

She argued that Big Fish Casino has taken advantage of thousands of consumers through the same illegal gambling scheme. In fact, in 2017, free-to-play “gambling” games allegedly generated more than $3.8 billion in profits for the operator.

The plaintiff said these profits are mostly gained through in-app purchases.

“By operating Big Fish Casino and other similar online gambling games, Defendants have violated Washington law and illegally profited from tens of thousands of consumers,” Thimmegowda argued in her Big Fish Casino class action lawsuit.

Big Fish Casino has not admitted any wrongdoing but has agreed to resolve the claims against them in a $155 million settlement. The deal ensures plaintiffs and Class Members can recover compensation while also avoiding the costs and risks of a trial for all involved parties.

The settlement deal provides cash payments depending on the amount spent on Big Fish Casino games. Settlements may vary from $7.50 to $100,000, depending on how much each Class Member spent and the number of claims filed with the settlement administrator.

The settlement website features an estimated recovery tool to give Class Members an idea of how much they may receive.

In order to benefit from the Big Fish Casino class action settlement, Class Members must file a valid claim from by Jan. 4, 2021. No proof of purchase is required to benefit from the settlement, but Class Members may be asked to provide information about their Big Fish Casino account (friend codes, email addresses, etc.).

The deadline for exclusion and objection is Jan. 4, 2021. The final approval hearing for the Big Fish Casino settlement is scheduled for Feb. 11, 2021.

Who’s Eligible

Individuals who played Big Fish Casino, Jackpot Magic Slots or Epic Diamond Slots on or before Aug. 31, 2020.

Potential Award

Cash payments depending on the amount spent on Big Fish Casino games.

Settlements may vary from $7.50 to $100,000, depending on how much each Class Member spent and the number of claims filed with the settlement administrator. The settlement website features an estimated recovery tool to give Class Members an idea of how much they may receive.

Proof of Purchase

N/A

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

1/4/2021

Case Name

Cheryl Kater, et al. v. Churchill Downs Inc., et al., Case No. 2:15-cv-00612; and Manasa Thimmegowda, et al. v. Big Fish Games, et al., Case No. 2:19-cv-00199, both in the U.S. District Court for the Western District of Washington

Final Hearing

2/11/2021

Settlement Website
Claims Administrator

Big Fish Games Settlement
c/o Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
Info@BigFishGamesSettlement.com
1-833-942-2822

Class Counsel

Jay Edelson
Rafey Balabanian
Todd Logan
Alexander G. Tievsky
Brandt Silver-Korn
EDELSON PC

Defense Counsel

COVINGTON & BURLING LLP

ORRICK, HERRINGTON & SUTCLIFFE LLP

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2,323 thoughts onBig Fish Casino, Jackpot Magic Slots, Epic Diamond Slots Class Action Settlement

  1. thanks all for posting says:

    has anyone else seen an ACH come through today? It is 2 pm ET. Nothing here. I know one person said they say an ACH pending, but that makes me suspicious since nobody else has posted/shared that they see a pending ACH transaction. I guess it is what it is at this point – but I bet we don’t see it until Friday.

    1. patricia m stewart says:

      I just called my bank in Texas (Bancorpsouth) and they do NOT see anything pending. My source at Angeion (project manager) told me that haven’t told him the payments were not going out and they should be out by 5pm eastern time.

      1. Shelly says:

        Just checked with my bank and pending post for 722.00 won’t be available till friday am. I bank with PNC in Indiana

    2. Waiting says:

      After 2pm eastern and nothing for me.

      1. Caryn says:

        Thanks for all here and sharing information. At this point I don’t think there was anything else left after the challenges so only the ones who had problems last time got paid

        1. Good grief says:

          Where do people come up with this?? Good grief.

        2. Loser says:

          I had issues with ACH 1st payment they had to issue me a check. Just got my 2nd payment by check tiday!.

    3. Finally says:

      I’m in Ohio, and I’m the one with pending transaction. However, my credit union just informed me funds won’t be available till Friday ?

    4. Still nothing... says:

      I don’t see anything pending because my CU doesn’t show pending, they say they release as soon as they get it. Of course that’s false. But I’ll just look for it by Monday at the earliest as not gonna get my hopes up for ths week.

      1. thanks for posting says:

        Makes sense. If they send the file out by 5 pm today and banks are closed tomorrow, they won’t post until Friday. I am going to stop stalking my bank app. I love y’all – thanks for sharing the process with me. I wish I didn’t “need” this money – but I do… so when it does finally hit, I will be putting it to the stack of bills on my table.

        1. Lied to says:

          Just checked and nothing showing pending on my account. They told me yesterday I would have it this morning! Liars

    5. Ida D says:

      Nothing here hopefully they send them out today. Because if they wait till Friday you won’t get it till next week because of the weekend . This is rediculous. The bank holds them at least a day before posting them

    6. Caryn says:

      Thanks for all here and sharing information. At this point I don’t think there was anything else left after the challenges so only the ones who had problems last time got paid

      1. Zorro says:

        No, we all got second payments not just the challenges

    7. IdaD says:

      There is two here who have pending thst will post on Friday . Which is norm since they hood it a day and Thursday a holiday nothing transfers federal reserve is closed so if it wasn’t sent to your bank today and is not pending by the end of the day it won’t get sent to your bank till Friday and you have the one day wait and nothing transfers on weekends so that hopefully will make it Monday the 15th . Long time to have had to wait for a simple ach transaction

    8. Frustrated says:

      Judge Lasnik (206) 370-8810 contact number – if anyone wants to call his office about the fact that they did not follow his order. I’m walking out the door to get my son so I can’t call now. Hate to bother the judge but I think he should know that the administrators have not followed his Order and I’m sure his secretary will take a message for him anyway.

      1. IdaD says:

        Let us know how it goes?

      2. Jack says:

        It very clearly says on the website NOT to call the Judge.

    9. Jp says:

      It’s 5:22 central time and nothing. Oh well I’m guessing Friday

    10. Noneya says:

      I just got an email from settlement administrator. I’m getting 27% of my first payment. However, I challenged my first amount because I was non-DRP and I was paid as DRP. It ended up being approved.. I just think it’s such bs that we don’t even know if these amounts are accurate, and I’m glad everyone said they are getting 27% back of first payment, or I wouldn’t have known my amount was wrong… now, how the heck do I deal with this? I replied and sent all of my
      Emails showing challenge approved and the amounts paid as drp, before challenged..

      1. Cat O says:

        Same thing just happened to me! I emailed them but not thinking I’ll get a response . Please let me know if you get one.

        1. Noneya says:

          I’ll let you know. I don’t see anyone else questioning this .. let me know if you hear anything as well please

  2. Waiting says:

    In Fl, and contacted my CU and as of 10:52am, there is nothing pending in my account.

    1. Lori says:

      Same but I bank with Chase and also in Florida

    2. SWFL here.. says:

      Also in FL, but I haven’t called CU as I’ve done that before and they claim that they don’t do “pending” deposits, that it’s released as soon as they get it. I know that isn’t true as they get retirement days prior to payday and it’s not released till payday. So I’ll just have to wait it out

      1. Waiting says:

        She stated that they now have the ability to see pending arch’s early. She said there was nothing. I asked if it could possibly come in later today and she said maybe but I doubt it since she didn’t see it already. Idk, I hope it does.

        1. Re: Waiting says:

          Oh it could totally come jn later. I’ve had a ACH not hit that morning but then hit mid day also have had them hit about 6 p.m. and I believe they’ve always been able to see pending deposits they just tell people they don’t so people aren’t always calling. Someone posted they have it pending so hopefully we will wake to it being in there tomorrow is not posted today.

      2. RONDA L MAGLIANE says:

        Yeah they can definitely see any deposits coming in but I’m not gonna call cuz I called the bank every day since Monday lol and I don’t wanna draw attention to the fact that Im getting money lol she was asking yesterday if it was coming from a reputable company and I was yes and left it at that lol it’s not their business ???

  3. Tee says:

    I will receive mine today per my informed delivery..

    1. Me says:

      Is yours ACH? How did you get informed? Was it via email?

      1. Re:Me says:

        Tee is getting a check not a direct deposit. If you sign up for informed delivery through usps it sends you pictures of you maul for the day to your inbox.

      2. Me Also says:

        It will come ACH by 5pm today.

      3. Finally says:

        Woohoooooo! Called bank to see if I have any pending ACH transactions and I do!!!! $5445.09. So it’s coming peeps!!!!?

        1. Waiting says:

          Great news! Congrats!!

        2. RONDA L MAGLIANE says:

          Thank God woo hoo can I ask what ur first check was?

          1. Finally says:

            It was for $ 19k

        3. rebecca says:

          Finally, if you don’t mind me asking, is that like from a challenge and the amount is the total of both the challenge and the second payment?

          1. Finally says:

            I didn’t challenge anything. First payment was 19k and second payment 5k.

        4. Weird says:

          I don’t understand how some people got so much. My LTS was like $50k! My first check was like $8k something…

          1. Cool beans says:

            Some people spent a lot! All the recoveries were based on those formulas and DRP vs Non DRP. My LTS was 32k and I got $5450 the first time. DRP. Expecting $1471 more is we get 27%.

          2. Jen says:

            I totally agree. Same dro people some get %15, some %20. It suppose to be same percentage. I know amount would change accoirding to spending but percentages should be same. This doesnt feel right

          3. RONDA L MAGLIANE says:

            It depends on if u were non drp or drp my LTS was 66k non drp and I got 17500 first time

          4. patricia m stewart says:

            My lifetime spending was around $28,000. My first ACH was for $4881. I talked to Angeion and this payment is for $1322. Which comes to about 27.1% Not sure how they figured the first payment. I do know this was nothing compared to the calculations they had on Big Fish settlement website. Either way I’m thankful!!!

    2. maryann says:

      Tee i will also receive chek informed delivery today in NJ yay!

    3. To: Wierd says:

      Wierd, it’s because if you’re non-drp you get more than those that is drp. Like in their example, someone with a LTS of 40k got 8k back as non-drp where it was 5k as drp. That is not an exact, just don’t remember the change over each, but shows that the non-drp got back a couple thousand more than the drp that had the same LTS amount. That’s why some got more that had the same spending amount. Now if you are non-drp then I have no idea.

    4. Tee says:

      I got my check 4827. 1st was 1800.00.

    5. Loser says:

      I got my check today! First time I had a failed ACH and had to be issued a check. Thank goodness this is over. I hope you all get your money soon!

  4. Michelle says:

    Just got this email from the Admins-

    Your supplemental payment in the Cheryl Kater and Susie Kelly et al. v. Churchill Downs and Big Fish Games, Inc. No. 15-cv-0612 was scheduled to be transmitted by ACH direct deposit this past Friday, November 5, 2021. Due to unforeseen circumstances, your supplemental payment has not yet been transmitted. We do, however, anticipate that your payment will be transmitted prior to November 11, 2021, at 5pm ET.

    1. Same here says:

      Your supplemental payment in the Cheryl Kater and Susie Kelly et al. v. Churchill Downs and Big Fish Games, Inc. No. 15-cv-0612 was scheduled to be transmitted by ACH direct deposit this past Friday, November 5, 2021. Due to unforeseen circumstances, your supplemental payment has not yet been transmitted. We do, however, anticipate that your payment will be transmitted prior to November 11, 2021, at 5pm ET.

      We sincerely apologize for the delay and inconvenience.

      Regards,
      Administrator

    2. spikeman says:

      i also got it at 7:11 pm in alabama

    3. What a Blessing says:

      Got my payment today by mail I’m on the west coast. It was 19,599.00 so glad this is all over.

      1. Curious & Waiting says:

        Hi. Congrats on receiving your payment. ? What was your approx. first payment, if you wish to answer. Thank you ?

        1. What a blessing says:

          72,400.00

          It’s around 27%

          1. Me says:

            Wow what was your Ltd? Happy for you to get so much!

    4. Becky Taylor says:

      Yes I got it, too. Wow, you think maybe they knew they needed to send something to us!?

    5. Bullshit says:

      So I didn’t get an email regarding the supplement payment being delayed if you didn’t get an email does that mean you’re not getting a supplement I receive my first payment July 12

    6. Watching and waiting… says:

      Same for me, too.

      1. Bullshit says:

        I actually found it in email my junk folder come in around 8:10PM

        1. Check your spam says:

          HI Y’all – my email was in my junk folder. Here’s hoping for something today – but if not, Friday.

    7. patricia m stewart says:

      I just got a reply from my email sent to Angeion. The gentleman said the ACH deposits should be sent out by 5pm eastern. They had a computer failure, no backup system and a death in the department.

      1. patricia m stewart says:

        He did say he hasn’t received confirmation on that yet but is what he has been told.

        1. Bullshit says:

          Thank you

      2. Still holding on says:

        @Patricia, thank you for checking on it again today because I was about to call! It’s getting kinda late and tomorrow the holiday. All we can do is keep our fingers crossed ?

    8. Wow says:

      Just the way the email is worded sounds weird I don’t think we’re getting our money until Monday the earliest something is going on I hope somebody could find out for us what the hell is going on with our money

  5. This still isn't cool says:

    This is what I just received from the administrators….

    Your supplemental payment in the Cheryl Kater and Susie Kelly et al. v. Churchill Downs and Big Fish Games, Inc. No. 15-cv-0612 was scheduled to be transmitted by ACH direct deposit this past Friday, November 5, 2021. Due to unforeseen circumstances, your supplemental payment has not yet been transmitted. We do, however, anticipate that your payment will be transmitted prior to November 11, 2021, at 5pm ET.

    We sincerely apologize for the delay and inconvenience.

    Regards,

    1. Beyond annoyed says:

      This SUCKS. Seriously. 11/11 is a federal holiday so nothing is getting transmitted. We won’t get it until Monday at the earliest, such BS.

      1. RONDA L MAGLIANE says:

        The email says it will be transmitted PRIOR to 11/11 so I’m taking that as it will be tomorrow and if they transmit it tomorrow it should be in tomorrow

      2. Wow says:

        And I think that’s exactly what’s going to happen and we won’t see anything until Monday

      3. Not true says:

        Why are you starting untrue rumors

        1. Wow says:

          Seems like we won’t be getting anything today hopefully Friday

    2. Same emqil says:

      I just got the same email. At least they reached out, could if been sooner but we are hearing something.

      1. Frustrated says:

        They sent email because I told them they needed to communicate with us and I called lead counsel about it. Hope we get it today!

  6. Barbara Perkins says:

    I got mine today it was around 27 percent of the first one I am very thankful to get any thing since we spend money not expecting to get cash back. God blessed me for sure

  7. Booski says:

    Got mine in the mail.
    Minnesota

  8. Just waiting says:

    No……we will not get a 1099 and no you will not pay taxes on money that you’ve already paid taxes on in the beginning. This is considered a refund. You can google the information as well if you continue to get different answers!

  9. Blessed says:

    I ask this question the other day and got two different answers lol. Does any one legally know if we have to pay taxes on this money, will we be getting a 1099 from anyone?

    1. Nope says:

      No, will not be getting anything in the mail. Also you paid tax on this money when you made purchases, this is a refund on that money. They don’t have ssn of people to send them a form. But instead of listening to a random person here, either email the lawyers or ask a tax professional after explaining to them what this $$$ is for.

      1. Blessed says:

        Do you know the email address for the lawyers by any chance my account said I have to pay taxes on the money and I just want to make sure from a second party

        1. Zorro says:

          The order specifically says they make no statement as to any tax consequences
          11.7. The Parties acknowledge and agree that no opinion concerning the tax consequences of the proposed Settlement to Settlement Class Members is given or will be given by the Parties, nor are any representations or warranties in this regard made by virtue of this Settlement Agreement. Each Settlement Class Member’s tax obligations, and the determination thereof, are the sole responsibility of the Settlement Class Member, and it is understood that the tax consequences may vary depending on the particular circumstances of each individual Settlement Class Member.

    2. Booski says:

      No you do not have to pay taxes on money you already spent.

    3. Me says:

      It’s not taxable because it’s not income or a capital gain. It’s a “partial refund” and refunds are not taxed.

  10. HotMess says:

    Just came in the mail & opened it…and it’s 27.2% of what you received in 1st payment….Yay!

    1. Frustrated says:

      What was your lifetime spending? I’m only getting like 21% of my first one for a total of about 22% of all I even spent which was a little under 40k. Seems like others are getting a higher percentage that’s why I’m curious about your lifetime spending. If it was a lot more than 39900 then that’s probably why.

      1. Formula says:

        Higher spending will result in a higher percentage back. It’s all in the formula.

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