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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2,324 thoughts onBig Fish Casino, Jackpot Magic Slots, Epic Diamond Slots Class Action Settlement

  1. Ruth says:

    Did anyone find out for sure if the funds from this settlement were taxable or not? There’s a settlement coming up this year with DoubleDown Casino and I’m wondering if I will have to pay taxes on it. My thinking is that this is recovering funds we spent and have already paid taxes on, but I know the IRS looks at things differently. From what I’ve read, any settlement that doesn’t involve physical harm is considered taxable income.

  2. Blessed says:

    Has anyone filed their taxes and got money from this settlement and if so did you have to pay taxes on the money or not? How did you list it on tax forms

    1. Km says:

      I’m wanting to find out that info too and how we file.

    2. Karen B says:

      I filed my taxes and did not claim it…..received my federal refund already! I received over $50,000 from the settlement….I did direct deposit so it was an ach transaction.

      1. Blessed says:

        Ty

  3. Me says:

    Anyone know if there will be a third and final payment from the amount that was unclaimed in February 2022

    1. Dj says:

      I have been wondering the same

  4. Vicki Coen says:

    Is the money we received from the Big Fish settlement taxable if they don’t send tax statement?

    1. Fred Goss says:

      Do I have to pay taxes?

      1. Jenn says:

        You do not have to pay taxes according to my tax attorney.

        1. Lola says:

          Do you know why we don’t have to claim it?

        2. Sharon says:

          Does it depend on the state you live in? I have not received a 1099 form, and we file our own taxes. I thought if they do not send a 1099 form to you or ask for your social security number, you don’t pay taxes on it. Mine is in my checking account and probably earned $1.00 (that’s how low the interest rates are).

        3. Km says:

          How do we file?

  5. Blessed says:

    Ok it’s tax time what do we put on tax info so we don’t have to pay taxes again on this money

    1. Genevieve says:

      I’ll let you know what my tax attorney says regarding this once I receive all my other tax docs and can meet with him.

    2. Fred Goss says:

      Do I have to pay taxes?

  6. losing sleep says:

    I guess no one ever thought to seek independant advice from their own lawyer BEFORE YOU GOT INVOLVED IN THIS CLASS ACTION SUIT!!!!! What you received from the settlement trust is A CLASS ACTION SETTLEMENT NOT A REFUND, further more this settlement is taxed at 40% and you might want to also note you might be responsible for the tax liability for the 30% the lawyers got.

    1. Curious says:

      Does anyone know if there will be a final payment or was that it? Not sure if that was the supplemental payments.

    2. L says:

      Not sure where you received your info!! You received a percent of your own money back that you already paid taxes on when purchasing chips to play. Hence the life time spending amount. Plus we were never asked for our social security numbers to even report amounts to the IRS: BF settlement will not be sending out 1099 forms.

      1. Km says:

        Are u sure? I’m terrified.

      2. Reply to L says:

        The settlement administration told me they weren’t sending 1099s. However those who received their settlement thru PayPal that is questionable. They’ve been sending emails for folks to update their social security numbers or tax ID for those who have received $600 or more. I sure hope it’s legit that they are changing their terms and policies starting in January and not for this yr

        1. Bank Reports Anything over K says:

          Also, Banks are required to report any deposits of 10,000 and like transactions within a 12 month period. Being that the deposits were from the same company if both payments equal over 10K it will be reported to the IRS. Just sharing what I found out, believe me not happy. Gonna get hit with 27K extra income, My tax agent is looking into whether or not I have to report it but I’m almost 100% I’m screwed. Fingers crossed but not looking good.

          1. No no no says:

            Its 10 grand in CASH TRANSACTIONS, NOT CHECK.

          2. lol says:

            Look it up guys….

          3. Bank Reports Anything over K says:

            Copied Straight from search….”It states that banks must report any deposits (and withdrawals, for that matter) that they receive over $10,000 to the Internal Revenue Service. For this, they’ll fill out IRS Form 8300 .”

          4. Results to Bank Report anything over Ten Thousand says:

            So tax advisor got with me today after speaking to their risk management / assistant with these types of questions. They said that they are not putting it in as taxable income but as Distress and Suffering. So yay on that and if they come back and say different (IRS) H&R Block will pay up to 6K in mistakes . I do suggest reporting the income otherwise it flags IRS. Just my opinion, I don’t want to get audited every year because they think I was being Shady. Good Luck everyone.

          5. Confusing says:

            Per my search….banks are required to report cash deposits of 10K or more. ACH transactions are not considered cash deposits and are not reported to the IRS as such. Additionally, if your bank does file a Form 8300 to the IRS they need to inform you.

      3. Julie says:

        I appreciate any info regarding about reporting it on your taxes.
        I am pretty green when it comes to this.

    3. Jack says:

      I suggest you speak with a competent tax advisor, key word competent. It is arguably a return of capital and therefore not taxable. Equally we did not get 1099s and did not submit our social security numbers. Finally no need to scream.

    4. Blessed says:

      Did you find this out from a lawyer or tax consultant

      1. losing sleep says:

        one simple phone call to the IRS

    5. Noneya says:

      Who here challenged and still only got 27% back? Stupid BF is telling me my challenge from drp to non drp was included in my supplemental.. I got friggin screwed… bunch of bs.. this whole thing was a nightmare and they are all a bunch of crooks

      1. GratefulnHonest says:

        Maybe they wised up and realized how many people put in FAKE proof as to being non-DRP I know of at least 3 people who admitted to doing this. makes me sick. Be grateful that you got any money back vs thinking this easy money was a nightmare.

      2. #Momlife says:

        I agree. Without all of us filing claims there would have been no case of this magnitude. We should have gotten at least a full refund of our lifetime spending for joining the lawsuit. People say be happy with what you got but if you were hurt in a car wreck by someone and hired an attorney you wouldn’t settle for half of your medical bills being paid. Just because we didn’t directly hire them doesn’t mean that they didn’t work for us we put our name and information out there to be used in a public lawsuit. I can’t help but feel taken advantage of not only by BFC at a low point in my life but also by joining this settlement.

    6. Julia Rae Ricker says:

      Sounds like someone is a little jelly!? Lol
      NO, this settlement is NOT taxable because it’s a return on a purchase. Much like returning a product to a store where you wouldn’t be required to claim it as an income or lottery. 40% ?- That’s for lottery winnings!! Please do your homework before spreading nonsense and maybe get some sleep!

    7. Julia says:

      You have no idea what you’re talking about. Apparently you’re jealous or missed the deadline perhaps?- IDK but everything you said is complete non sense. Lotteries are taxed @ 40%, not settlements that ARE considered partial refunds in this case.

  7. Texas says:

    How will we know how much of the funds were paid out in order to calculate supplemental payments? We should be provided with a statement of what all was paid out and what is remaining in the payment funds after class administrator fees. If only half of the $108.5 million (I’m removing 30% as administrator and lawyer fees) is paid out to class members we should receive a supplement payment that should total first plus second payment. (Just an assumption that half is paid out) irrespective, we should be notified of what was paid out from the $155m and what is remaining so we can determine if or what supplemental payment is now due

    1. Dj says:

      How much timer do they have to figure supplements. It never gave clear information

      1. Jack says:

        90 days if there is any to give out left. If its “practicable” if not it goes to a charity the Rose Foundation of Oakland, California, for the purpose of establishing a consumer protection fund, as approved by the Court. I’m not counting on it.

  8. Brenda Suggs says:

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

    1. Julia says:

      Lol who would call the judge? It would be the court you’d call, but in this case you’d call the settlement administrator

  9. AUCQUNETTE CUNNINGHAM says:

    add me, missed deadline

  10. Blessed says:

    How many of you are going to pay taxes on this money we have received? I really wish someone would tell us if we have to or not

    1. Living in Oz Land says:

      If we recieve a 1099 then of course I will. I recieved $7,200 from this lawsuit and then whatever the small 3rd deposit/ck will be. So I am probably on the lower end of what most people recieved but can make a huge difference in taxes owed. I am also interested in everyones opinion. I believe there is a post from a few days ago from Patricia who spoke or emailed the lawyer and there is a reply from the attorney on the tax issue, so it might be helpful to scroll the pages and look at that post. Hv a wonderful day!!

      1. Jack says:

        Settlement says directly they will not be giving any tax advice, and to talk to your tax advisor.

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