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They accused Big Fish and its parent company at the time, Churchill Downs, of intentionally dragging out the proceedings. “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.Īttorneys for Kater and Kelly filed a motion last May to compel arbitration and the submission of pretrial evidence. 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.
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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. 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.
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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. The plaintiffs argue the Big Fish Games app can be addictive, hooking gambling addicts into spending thousands of dollars through its VIP Program.
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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. 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.