Courtney Jorstad  |  April 24, 2015

Category: Consumer News

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Game-warA 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

  1. Chunt says:

    Where are we with a Class Action Lawsuit against Machine Zone for this scam of a game? I know they have paid out to some people, a lawsuit is definitely in order.

  2. DisgruntledGOWMan says:

    I too have spent a lot on the game and generally had fun. I have just now just contacted MZ and Amazon for a refund due to a stupid glitch in the events that allowed people to obtain 4 million power orbs for $5. It was meant to be 4k I think. So for $100 you get 150,000 power orbs in a pack, yet for a small window (Which I missed as was 3 am) People were able to exploit the game and get 80,000,000 power orbs for $100.

    It basically means anybody who missed the event and has spent thousands to upgrade their buildings with orbs are now well behind people who have spent next to nothing.

    I also agree about their ridiculous packs. In the last month they bought out pegasus and exalted training gear. Which cost about 1k to complete both sets considering the rarity of some of the items in the chest. Then what comes out the next week… a $100 pack with full gear sets of both lol. Your best bet is to give up as you can never stay ahead of the curve unless you are a millionaire

  3. PAL says:

    WHAT GETS ME IS I BEEN PLaying FOR 2 YEARS AND ONLY SPENT 200 DOLLARS AND I HAVE WELL OVER 1 BILLION POWER AND HUGE AMOUNTS OF RESOURCES…NEVER been ripped off …NEVER been done wrong…the problem with people now days is some people just want to find something to complain about cause they have nothing better to do than to moan and groan about …someone either complaining about a game ….or politics or their jobs or money … or something …its a crying shame

  4. MZsWorstNightmare says:

    Hello everyone. I’m Mike, and I too used to be addicted to Game of War. The game is in fact highway robbery. While I am considering filing my own suit, I hereby advocate the claims made in this one as well. I noticed also that no one has mentioned how a single research can take hundreds of years to complete. Yes, you read that correctly… Hundreds of years time to finish just ONE research. That is, unless you buy dozens and dozens of $100 packs that give you a chance at obtaining materials to forge gear to reduce your research time (that’s right, spending money in this game can more often than not be useless), or buy speed-ups which is probably even more costly than the former. MZ (the developer of Game of War) claims they’ve developed the game this way to keep users coming back and playing for a while… I would love to see MZ try and explain to a judge/jury how a game, that can take several lifetimes to beat if you don’t spend money, is anything BUT fair. This doesn’t bring free-to-play (F2P) players years and years of fun and excitement… This brings F2P players months of frustration and annoyance because of the virtual spending arena created by MZ. Not only does the game force you to compete monetarily against opponents if you want to stand any chance without a peace shield, they do so TIME and TIME again by introducing new gear, research and levels that take even longer to obtain than the last! I haven’t played Game of War for months now, but I refuse to rest until a fair and crippling lawsuit is brought against Machine Zone for this heinous and malicious excuse of a game.

    1. DrBob127 says:

      Seriously?

  5. Noneya says:

    Now they just have events on how much money you spend so litteraly they are just telling you buy packs to play.

  6. Joseph says:

    Game of war is a lie. The mats you need are a lie. Make a portal, and gtfo while you still can.

  7. Terri Nielsen says:

    I have not played this gme, but my husband has and unfortunately, it may come to a divorce between us. He has spent way too much money that we can’t afford. I’m fed up. This game is a rip off and there should be a law against it. Yes, I agree, it also relies upon the individual playing it.

  8. Joe says:

    The people crying about spending money proves one thing and that is there is no cure for stupid.

  9. Heather M says:

    Yeah well we are the stupid ones who keep spending in the game, in hopes we will get what we need in the material to make good gear, oh but wait u are shorted what u really need, but get hundreds of mats that are useless. Its such a joke and yet here we go buy another pack need the material. In order to be competitive u have to buy. And whats worse is once you go through $4.99 pack, $9.99, $19.99,$49.99, $99.99 (US) there is no going back. $99.99 from there on out no choice. But wait mz may do a 50%off special.. but wait there is half the materials, gems, resources. Not really a special. Mz does not make it fair for all players. Game of war is geared towards people who have money. Those who dont have alot but spend what they do, have no chance. The only good thing that has come out of this game are the people who play it, some really cool people.

    1. Brad says:

      To me it shows guilt that they have since removed the casino and changed it to the Dungeon. What a lot of people are saying is correct. You HAVE to buy a pack in hopes to get mats to make items. They give you 500 of 3 or 4 of the items and 1 of another item. Then it takes 2 of the items you only got 1 of to make an armor piece.

  10. Tc Scott says:

    Lol what a joke there’s no way u can play and compete in this game without spending $100s if not $1,000s , anyone who says otherwise is an idiot or works for mz

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