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The plaintiffs in two lawsuits against Big Fish Games have agreed in principle to an overall $155 million settlement of their claims of illegal gambling operations.
The attorneys involved have filed a motion to push the “pause” button on both lawsuits, allowing time to merge the claims — and the settlement — into a single class action.
Plaintiffs Cheryl Kater and Suzie Kelly filed suit five years ago after losing an unspecified amount of money through the Washington-based company’s app. In February 2019, Manasa Thimmegowda filed a similar action after racking up more than $3,000 worth of in-app purchases in a little more than two years.
“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,” the Big Fish casino games class action lawsuit states.
According to both class action lawsuits, “free-to-play” games generate billions in revenue each year — largely because users generally must make in-app purchases to continue playing. Big Fish Games is among the app developers profiting from that market, offering electronic casino and slot machine games via Facebook, Android and Apple iOS devices.
The plaintiffs argue the Big Fish Games app can be addictive, hooking gambling addicts into spending thousands of dollars through its VIP Program. The VIP “hosts” keep in contact with these players via phone and email, giving them free chips and access to new games to keep them interested in the app.
However, unlike their counterparts at traditional casinos, the plaintiffs claim that Big Fish hosts are not required to cut players off when they show symptoms of addiction. In fact, Kelly reported that her VIP host tried to cajole her into continuing when she tried to take a break from the app because she was spending too much money on it.
The class actions allege that Big Fish Games is violating two Washington state laws — the Recovery of Money Lost at Gambling Act and the Consumer Protection Act — because its games constitute online gambling.
“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 Games class action states.
Attorneys for Kater and Kelly filed a motion last May to compel arbitration and the submission of pretrial evidence. They accused Big Fish and its parent company at the time, Churchill Downs, of intentionally dragging out the proceedings. “Churchill Downs’ obstructionism in this 2015 case should not be countenanced,” the plaintiffs wrote in that motion.
Big Fish Games also tried to delay Thimmegowda’s class action last year, she claims; and while she offered to accept their proposed stay with the caveat that jurisdictional discovery continue, the defendants declined. She noted at the time: “It’s hard not to wonder: What, exactly, are Defendants trying so hard to hide?”
A “PBS Newshour” investigation cited by Law360 delved into the issue, looking at complaints sent to Washington state lawmakers and other evidence of the business model behind the Big Fish Games app. Based on its findings, the plaintiffs maintain that the model boils down to this: “Get as many customers in the door as possible, employ high-pressure sales tactics to convert the most vulnerable of those customers into addicts, and then milk those new addicts for all they are worth.”
This month’s preliminary settlement agreement calls for Big Fish and its co-defendants to establish a $155 million “non-reversionary” settlement fund. (This means even if the full amount can’t be disbursed to class members, the defendants will not get any of those funds back.) The agreement also includes unspecified “prospective measures.”
More details of the settlement are expected to be released later this month.
Have you played any casino games offered by Big Fish Games? Tell us your story in the comments below.
Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.
The plaintiffs in both suits are represented by Jay Edelson, Todd Logan, Rafey S. Balabanian and Brandt Silver-Korn of Edelson PC and Janissa A. Strabuk of Tousley Brain Stephens PLLC.
The Big Fish Class Action Lawsuits are Cheryl Kater and Suzie Kelly, et al. v. Churchill Downs Inc. and Big Fish Games Inc., 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.
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404 thoughts on$155M Big Fish Games App Settlement Reached
Please add me I’ve been playing for 4 years $150 to $300 a month
Fine at first then monthly chip bonus dropped considerably but honestly I was hooked thinking maybe I’d be ahead of the game o m g. Never happens
People ask you for chips etc il check out the claim form with hopes I might get something back from the thousands I’ve. Spent. Every month I say enough I’ll get out but then a new game appears and your bonus so off you go again so if there’s a suit why are they continuing today to do the same as always? Thanks for listening
Bev… I’ve got the cure… DELETE THE APP. Done…
Bob stop being so toxic. Unless you’ve been there and played the app, u dnt kno what some of these folks have been thru. This is not funny, this is truly an addiction and apps like Big Fish prey on these types of people.
I’m not being toxic I’m bean real. I’m an alcoholic in long term recovery. I know all about addiction. I feel for anyone who gets hooked on these apps (and yes I’ve played it myself and still do). The liquor stores and booze manufacturers didn’t make me an alcoholic. Nor are they responsible for my drinking or any of the consequences of it. I’m an adult and if I choose to pick up a bottle that is MY choice and I own whatever results from it. It’s harder for you to still than people who don’t suffer from addiction which makes it even more important that you pay attention to your limits and cut yourself off or stay away entirely. No different than someone with a peanut allergy has to take responsibility for asking the right questions and staying away from places that might be dangerous for them even though others don’t have the same risks. Unless the company outwardly lied to you there really is no reason to sue. As an adult you should assume they are trying to get you to spend more just as every For profit business does. It’s your responsibility to decide who to hand your money over to, and no one else’s. Sorry if it sounds harsh but recovery requires responsibility. Putting the blame on others takes the responsibility of managing your illness away from you and that is more harmful than anything.
I’m a friend of Bill Wilson’s too but cheating is cheating and they should be held responsible. The liquor store has never cheated me or “rigged the bottles.” So no. I do not agree with you about this.
Been playing since 2012 and it was okay at first, then the company changed and all they wanted was money.
My husband played the online game for 5 years, got a serious amount of live women sending him pics for chips, which then escalated to a point addiction that eventually led to prostitutes. Im not saying the app is 100% the reason but it certainly laid the foundation for it. We are now in marriage therapy.
I’m happy you are in marriage therapy and wish you the beat with that. However, your husband made choices. Whether those choices are the result of him going to the red light district, or finding women on an app, no one made him do what he did. Cheating doesn’t happen because of the method one chooses to use to cheat.
Bob, why are you on this page? Have you traded one addiction for another? You need help dude, you’re a total dick!
Bob, get you hands out of your pants, walk up the stairs of your mothers basement, go outside and see if you can get a life, LOSER!
Add me
I been playing Big Fish for over more than 6 years.. when you buy chips they target you with few wins.. so you have to buy more to play..
Please add me. I’ve spent thousands of dollars, just wanted to have fun , they take all your chips with no payout. I’ve played for years with friends especially during this pandemic and always broke even now, I feel basically being forced to purchase more chips to be able to play.
I’ve been playing for 8 years and have never spent a dime on it. So how do you figure you were “forced” to pay anything? Don’t you control your own bank account?
I’ve been playing for 4 years and have maybe spent 20 dollars buying coins. I can understand addiction but nobody can force you to buy counsI DNT understand that.
I know ive been playing for almost 4yrs and have spent no more then 20 dollars on coins. I understand addiction but i dnt understand how they forced anyone to make purchases. I also have never seen it say anywhere that they guarantee id win anything.
Please add me. I’ve not spent thousands but enough. I just wanted to have fun but then they take all your chips with no payout. I’ve played for years with friends especially during this pandemic and always broke even but now I’m basically being forced to purchase more chips and I will not do that..
If you haven’t done it, then what’s the problem? It’s a game of chance, and the chances are you will lose. You certainly can play for free but understand that any interaction with any business has the goal of separating you from your money. This is no different.
Please add me I have also lost a lot
Please add me
I would like to also be added to the class action lawsuit I played for a while and then started buying chips and spent a lot of money and I would aquire lots of points and then all of a sudden I would not get my winnings on a big win or the game would freeze and I would loose a great deal of points and would then buy more chips,
Yes I experienced game freezes too I’d contact them and they’d almost deny everything but sent me a few chips
Can you please add me to the lawsuit I’ve lost thousands as well. Such a shame! Over it!!