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A Maryland woman has filed a class action lawsuit against app maker Machine Zone, Inc., alleging that its Game of War app is a de facto game-of-chance, or casino, which is illegal.
Plaintiff Mia Mason claims that she purchased Game of War in early 2014 onto her smartphone. By January 2015, she had already “lost more than $100” playing the game.
Game of War is free on Android and Apple iOS devices. Players “create virtual towns and armies, and battle other Game of War players” to play.
When players first download the game, it comes with complimentary chips. When these chips run out, players must purchase virtual gold beginning at $4.99 for 1,200 gold pieces.
“While players can use Gold to improve their virtual towns and hasten their advancement in the game, these benign uses of Gold merely obfuscate the unlawful game of chance Machine Zone operates within Game of War,” the Game of War class action lawsuit states.
“In this game of chance — appropriately named the ‘Casino’ — players routinely wager hundreds of dollars for the chance of winning valuable prizes,” it explains.
“Players that win the most valuable prizes can then ‘cash out’ by listing their Game of War accounts on the secondary market, with the cash value of accounts rising commensurate with the value of awarded prizes. Game of War accounts listed at online auction sites regularly sell for hundreds of dollars,” it adds.
According to the class action lawsuit, Machine Zone has made more than $600 million since early 2014 by selling gold and chips within the game.
“Once consumers purchase Gold, they are able to buy ‘Chips’ at the game’s ‘Casino,'” Mason explains. “Defendant’s aptly named Casino, though, is nothing more than an illegal game of chance camouflaged as a benign videogame.”
And she alleges that it functions no differently than a slot machine in a traditional casino.
“Similar to traditional spinning wheels found in casinos, consumers do not have any ability to control what prizes Defendant awards upon a spin,” the Game of War class action lawsuit claims.
“After pressing the button to spin the wheel, Defendant does not accept any input or action until it awards the prize — no skill on the part of the consumer affects the outcome of a spin,” the class action states.
“The outcome of a spin depends entirely on the rules Defendant has programmed into the Game of War Casino,” it adds.
Mason explains in the class action lawsuit that there has been a “proliferation of internet-connected mobile devices as led to the growth of so-called ‘free-to-play’ videogames.
However, these free-to-play games come with a catch, as many developers encourage consumers to download and play games for free while selling many low-cost items within the game itself.”
Such free-to-play games earned developers $1.6 billion in 2012.
“With free-to-play games of chance, developers have begun exploiting the same psychological triggers as casino operators,” the Game of War class action lawsuit says.
“Just as with casino operators, free-to-play developers rely on a small portion of their players to provide the majority of their profits. These ‘whales,’ as they’re known in casino parlance, account for just ‘0.15 percent of players’ but provide ‘over 50 percent of mobile game revenue,'” Mason explains.
“Unfortunately, such games have eluded regulation in the United States.”
Mason is looking to represent a Maryland class and a nationwide class of individuals “who purchased chips from defendant and lost the chips by wagering at defendant’s Game of War Casino.”
The Game of War class action lawsuit alleges violations of California law regarding slot machines, of California’s unfair competition law, unjust enrichment, and the Maryland Loss Recovery Statute.
She is asking for damages, in the amount that any customers have paid playing Game of War and injunctive relief.
The plaintiff is represented by Maria C. Simon of The Geller Law Group and by Rafey S. Balabanian, Benjamin H. Richman and Amir C. Missaghi of Edelson PC.
The Game of War Illegal Gambling Class Action Lawsuit is Mia Mason v. Machine Zone, Inc. in the U.S. District Court for the District of Maryland.
UPDATE: The Game of War Illegal Gambling Class Action Lawsuit was dismissed by the court on October 21, 2015. The plaintiff then appealed the dismissal. The appeals court affirmed the original ruling on April 10, 2017.
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92 thoughts onClass Action: Game of War is an Unlawful Casino Game
I can’t sign into game unless I waive my rights. Now I have lost everything and will be zeroed. There is no end or reward. Just spend spend spend to try to play! I want in on this class action and want my money refunded!
They are forcing you to spend money to advance in the game at every turn. Narrowing our options so they have complete control. I never would have invested a dime in this game if the terms that they are demanding you comply with now were in place in the beginning. You’re being forced to comply or lose all. That part is wrong.
Yeah I just encountered this, I didn’t sign off and went looking for answers on what’s going on. We all must have a legitimate case against them and this is why they’re trying to shut it down real quick with that terms of agreement (which is extortion bc without signing it you can’t play to game no more) Also if you’re on third party sites like link or line you are given them permission to get any information from them) I not put it past these dirty dogs if we do anything wrong they will Ban our accounts from the game and most likely take our accounts and sell them to make a profit like their not MZ. Also they banning trading so this is why we’re having a silver shortage. In short you trade for speed ups or peace shields/etc u get busted ur BAN. Everyone needs to read that shakedown contract. I have under 20 hours now to make my decision to agree or lose everything!
I personally do not dispute the fact that the game is a pay to play. Players can be deceived by advertisement that you can buy a few packs and be competitive in the game by obtaining gear that will allow you to complete in battles. After a few purchases you do realize that obtaining exclusive materials for purchase are a game of chance, that only MZ knows the probabilities and are not disclosed in an materials, i can deal with it being a game of chance, i can not agree to not disclosing the chances. My biggest concern is that MZ has deliberately attempted to devalue accounts by inflating the amount of items given in purchases. In addition MZ makes the claim that no person has the right to ownership of digital content purchased with their money and applied to an account associated to their personal email.
Tell me the chances of getting Wax or cotton with these said quests. You’re led to believe you have a fair chance the more packs you buy. 3 k$ into the game and I don’t have enough wax or cotton to secure a full orange Xena defensive set. Tell me does that sound fair and just to you?
Don’t know what you’ve done but I’ve got full Xena and Frostlord, spent a couple of thousands too. This game sucks you in though and it’s very hard to get the materials you need for certain gears. I do the infernos, but only when they have what I need, no point in using my speed ups unless I can get what I want.
I agree Mz rips you off.. When there system is lagging and you can’t get on or freeze or get kicked off you lose everything and they always blame it on your internet…. Even though everyone in the game is having the same problem…. And now they have posted new user terms of agreement … One being your not allowed to sue… And unless you agree to these terms you can’t get back on your game….. That’s crap….
this is true, they soaked me for about $10,000 and the game is crap, it goes black screen when in the middle of a game of war, and you have to pay for several $100 dollar packages to build back up in order to continue to play. It is totally a casino type of game, you have the casino and the dungeon where you have to pay to play. Hopefully someone will do a national class action suite against them before they are able to suck in too many more people. There is nothing really free about this game.
Mia, please contact me. I took over 100 screenshots of how I was ripped off on the casino and I too bought packs for casino chips.
Where can I sign up!
One thing I have not seen being mentioned. we spend thousands to get certain gear. Finally get the gear after 10 packs $1000. Then 2 days later they come up with new gear that makes the gear we just spent tousands to obtain obsolete.