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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 added my name to this law suit also. I have spent money on BIG FISH. The majority of the time you are spending money and NOT receiving ANY big wins for additional chips. I have sent a few emails to BIG FISH complaining about the payouts.
My wife played several Big fish games and spent ridiculous sums of money on legitimate purchases she made (addicted as she was). Since, she has stopped playing, removed all subscription services, deleted the Apps, but we continue to get chargers of $300 plus every 4-5 days. We have disputed these claims with Apple who turned down our repeated appeals of these unauthorized charges, and won’t help us figure out how to make this stop. We removed the credit card from her Apple ID so it wouldn’t get hit with these charges, though Apple won’t allow her iPad or any Apps to update until she puts a credit card number back on her Apple ID. If she does this, the card will be charged these accumulated charges. Again, even though the purchases were not made, the Apps have been deleted and Apple will not offer any relief. There are charges one may make as a result of the addiction on the one hand. On the other is trying to stop these ongoing charges, through Apple, for Apps not played, not installed, and not authorized.
Hi good morning I just got my account blocked from big fish casino. I spend about 1000 amount. I asked for a refund they blocked me told me to take a break. So all the money I spent for the month of November I don’t get to collect my bonus chips today 12/1/20. It really hurts me because I’ve been playing and spending money for 13 years on this game
Add me to the class action.
Fancy Bueno
The fraud charge my card add me they hack and close and change all my information
I been playing bjg fish for a long tiime over 6 years I lost money I’ve had problems with my family because of this I would like to be a part of the class action my email Fancyb4u@aol.com
Please add me
I had my debit card on there and over 45k was used on the card but I never even received half of the chips please add me to the lawsuit
Hello add me i have been playing this game for almost 6 years and have lost thousands of dollars to the sum of almost 22 thousand It is a bad addiction that i wish I never had it was fun in the beginning but it just got worse and worse me and my wife would get into it all the time over the game came to the point where we got divorced I have deleted the game plenty of times but I was to addicted where I just keep on adding it back when they came out with the club stuff that really did it where they have u trying and trying for your club and if they don’t feel as if your playing enough they kick u out of the club its times where I buy coins and not even beating max and lose within minutes its just real bad I get madder and madder as I think about it as I was sitting and looking up all the money I spent on this game I couldn’t do nothing but cry because I can now see where my ex was coming from I didn’t realize I spent that much money on a game that I can’t even win a penny back from and thats just sad for them to just take take take and then all the messages from different girls just to try to keep u playing and giving them coins to playing can go on and on about this damn game but let me get off this page because I’m just getting more and more upset yall have a great night and stay safe
I have spent thousands. I also helped management at BigFish to catch the illegal sellers that were notorious for making money off players by obtaining chips illegally then making a profit off players. I received nothing not even a thank you from BigFish. I left the game years ago because it was all so distasteful. Add me if you like.
Go to bigfishgamessettlement.com if interested in being added to the settlement
Please add me played big fish casino and jackpot city for along time so long I can’t remember how long
Add you for what? For a free payday? You are an adult, right?