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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
I won 1600 and only able to cash out 800. I kept playing but it never went lower than 600. By the end of the night the system glitched logged me out even had to change my password because I couldn’t get back in. As I log back in my winnings are gone. They said I’ve played them all.
Sign me up!!
to late had to be signed up by the 4th of January and you should of got email if you were part of settlement
Hello my name is Valerie Geniesse, yesterday on February 1, 2021 after 2 years and thousands of dollars spent on this game Big fish. I was at tier 10 and in Diamond club, right. Before I got my VIP bonus, I woke up and to my dismay, they BLOCKED my ACCOUNT. Omg I was in tears for real. Not did I just like the game I have some best friends for life. They took them from me. Also they BLOCKED my jackpot slots account for no reason. So please for piece of mind. Help me thank u.
Sincerely Valerie Geniesse
I’ve been playing Big fish for years as well and they have rip me off in tons of times . I’ve wasted a good amount of money… please add me as well
To late had to be signed up by Jan, 4th
Add?
Please add me. They are a rip off.
Add me. I have spent a ton of money on Big Fish Games over the years. And they are not the only ones doing this, believe me. There are several out there doing the exact same thing.
I was taken for thousands as well by Big Fish Games as well as my late mother who just passed December 2nd 2020. Please add me to this lawsuit as well.
If you were part of settlement you should of got an email about it a while ago.
Please add me I played several of their BIG FISH gameS thank you
Also the EPIC GAMES
JACKPOT MAGIC SLOTS
I have lost thousands on big fish and can prove it, please add me!
Should of got an email if part of settlement.
I have been playing big fish games for a long time. Please add me
Please add me, I spent a few years playing this stupid addicting game non stop! Buying and buying and buying chips hoping that jackpot was right after this LAST purchase, that never happened! Some nights it would get pretty out of hand. I’d actually like to know exactly how much it was.