Isle of Capri Casinos Class Action Says Organic Dice Game Cheats Customers

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Three Florida casino patrons say the casino game Organic Dice has been charging players more commission than its rules say it should.

Plaintiffs Daniel Brna, Ramon Fernandez and James Scott are taking on defendants Isle of Capri Casinos Inc. and Interblock USA LLC. They allege the two companies have caused gamblers who play the automated casino game to pay more commission on winnings than the game’s rules say they should.

The three plaintiffs are members of the Isle of Capri’s “Fan Club.” They describe the Fan Club as a customer loyalty program that rewards regular Isle of Capri customers with a chance to earn benefits in proportion to how much they participate in casino games.

Isle of Capri keeps track of member’s play and should therefore have records of each plaintiff’s Organic Dice winnings and commission payments, they claim.

Organic Dice is an automated game, manufactured by defendant Interblock, that simulates a crap table. At the center of the table is a dice-rolling mechanism that uses a vibrating table surface to roll dice contained in a clear plastic bubble. Another mechanism reads the dice and displays the results of the roll.

The plaintiffs say casinos use Organic Dice to simulate craps in jurisdictions where the live game is prohibited by law. It also lets casinos avoid the labor cost associated with employing a live dealer.

Organic Dice allows players to place various types of bets, one of which is known as a “buy bet.” The game charges players a commission on bets that win. According to the stated rules for Organic Dice, the commission on winning buy bets should be five percent.

But according to the plaintiffs, Organic Dice has been charging players much more than that.

“Rather than charging a commission of 5% of the bet, the Organic Dice machine calculates and deducts a commission of 5% of the winnings,” the plaintiffs claim. “This results in the player actually being charged between 6% and 10% on each and every Buy Bet won, depending on the point (number).”

All three plaintiffs attest to having won buy bets on an Organic Dice machine at an Isle of Capri casino and having been subsequently overcharged a commission on their winnings. Since they are all Fan Club members, Isle of Capri has maintained records that should reveal all the alleged overcharges, they claim.

The plaintiffs seek to represent a Class consisting of all members of Isle of Capri’s Fan Club or its predecessor program who placed and won a buy bet on an Organic Dice game at an Isle of Capri casino within the applicable statute of limitations period.

They seek an injunction barring the defendants from continuing to allegedly violate Florida consumer protection law. They are also seeking damages, costs and attorneys’ fees.

Representing the plaintiffs are attorneys Cristina M. Pierson, John J. Uustal and John R. Hargrove of Kelley Uustal PLC, assisted by attorney Daren Stabinski.

The Organic Dice Excessive Commission Class Action Lawsuit is Daniel A. Brna, et al. v. Isle of Capri Casinos Inc., et al., Case No. 0:17-cv-60144, in the U.S. District Court for the Southern District of Florida.

UPDATE: December 2017, the Isle of Capri fan club loyalty class action settlement is now open. Click here to file a claim.