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A class action lawsuit against Apple claims their app store violates Tennessee law prohibiting illegal gambling by selling in-game plays for money.
The named plaintiff in the complaint, Rico Viglietti, argues Apple “allow[s] customers to purchase games that are no more or no less than casino-style slot machines, casino style table games, and other common gambling games.”
“Apple maintains dictatorial control over what apps can be downloaded from the App Store,” Vigliettis said, adding “Apple is the principal promoter and facilitator of the illegal activity.”
The filing marks the second class action lawsuit taken against Apple with illegal gambling claims this year.
Viglietti says these gambling games grant players more time if they buy virtual coins. Viglietti says he downloaded Lighning [sic] Link, Cashman, and Heart of Vegas some two years ago.
“Tennessee has a strong public policy against gambling in this state, explicitly declared in the state’s code,” Viglietti said.
He says about three months ago he began buying in-game coins that were sold specifically to extend his game time. He argues gambling games that have players “paying to win anything of value, including free plays,” is against Tennessee’s gambling laws.
Viglietti explains further in the complaint that Apple’s engages in numerous illegal practices involving several of these gambling games. The complaint says there are hundreds of gambling games on Apple’s app store and specifically lists 200 of them in the filing.
Apple “aids another to engage in gambling” through their app store Viglietti said. Further he claims that “[w]hen it collects 30% of the payments … [Apple] derives an economic benefit.”
That substantial 30% fee and the additional revenue that the App Store collects from consumers and vendors explains why Apple is “the most valuable company on the planet,” Viglietti claims.
The class action lawsuit contends Apple not only enables these gambling games on their app store, but also relies on them for revenue and therefore heavily promotes them.
Viglietti argues Apple’s promotion of these gambling games constitutes “aggravated gambling promotion” because Apple “knowingly invests in, finances, owns, controls, supervises, manages, or participates in a gambling enterprise.”
The class action lawsuit even references another federal case, Epic Games v. Apple, Inc. in demonstrating its alleged total control over the gambling games.
“Apple also imposes unreasonable restraints and unlawfully maintains a total monopoly in the iOS In-App Payment Processing Market,” the maker of the game Fortnite said in that lawsuit.
Viglietti further claims Apple can modify its app store and its gambling games to become more compliant with state law. The class action lawsuit says gambling games can be excluded from states that prohibit their download through geofencing technology.
Furthermore, Apple has restricted other gambling games from being downloaded by minors.
Viglietti says he’s entitled to sue for money lost to these gambling games.
“Tennessee provides a statutory civil cause of action to recover money paid and lost due to gambling,” he said in the complaint.
Viglietti is seeking to form a Class of “all Tennessee residents who downloaded, played, and paid money for additional coins within games from the Apple App Store that featured slots, roulette, blackjack, poker, keno, craps, and other kinds of casino style gambling games, bingo, or simulations thereof.”
Gamblingsites.com calls Tennessee gambling laws “the toughest in the country.”
Are you a Tennessee resident who has downloaded a gambling game from the Apple app store? Let us know in the comments below.
Counsel representing the plaintiffs in the illegal gambling games class action lawsuit are D. Frank Davis, John E. Norris and Wesley W. Barnett of Davis & Norris, LLP
The Gambling Games Class Action Lawsuit is Viglietti et al. v. Apple, Inc., Case No. 2:20-cv-02773, in the U.S. District Court for the Western District of Tennessee, Western Division.
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4 thoughts onApple Class Action Lawsuit Says Gambling Games Defy Tennessee Law
Washington state is also a no online gambling state but I didn’t know that and have used both Bingo Bling and several other gaming apps.
Tennessee doesn’t allowed gambling games except sports games like for NBA, NFL etc, which I don’t understand the difference I lost money betting on the sports one.
Hello, I am a Tennessee resident and I downloaded a Gambling Game via the Apple Store
…and it’s not your fault? Were you tricked or manipulated into downloading the game and then playing it? Sucks to be you, my man. Don’t let people control you like that!