#Big fish games settlement free
However, the “term is a misnomer”, the complaint goes on as it refers to a model which offers games that are free to download, but companies then “reap huge profits by selling thousands of “in-app” items” that start at just a few cents but “can quickly escalate to hundreds and even thousands of dollars.”Īristocrat said in a statement from earlier today that it intends to “vigorously defend the action.” The Australian gaming giant purchased Big Fish Games from Churchill Downs last January for nearly $1 billion. The new legal complaint against Big Fish states that the proliferation of smartphones has led to a growth of what has been referred to “free-to-play” games.
The US Court of Appeals for the Ninth Circuit issued a ruling last year, saying that the virtual chips used in Big Fish Casino were “a thing of value” and that purchasing such chips for real money represented illegal online gambling under Washington law. In 2015, a Washington player sued the social games studio and its then owner Churchill Downs, seeking damages for being encouraged to buy chips for real money to play Big Fish’s casino games. Washington Court Says Big Fish Casino “Constitutes Illegal Gambling”īig Fish’s legal troubles in Washington date back years. Thimmegowda, on her behalf and on behalf of other players, seeks damages and treble damages from Big Fish and Aristocrat. However, once these run out, players need to buy additional chips in order to be able to continue playing. First-time players are provided with a bundle of free chips that can be used to play the games. Players can only play Big Fish’s casino games if they are in possession of the so-called virtual chips. She said in her legal complaint that she spent more than $3,000 over the course of a single month to purchase virtual chips that she needed to continue playing. Thimmegowda started playing Big Fish Casino on her smartphone in November 2017. Online gambling is currently illegal in the state. She said in her legal complaint that by operating Big Fish Casino and a number of similar social casino games, Big Fish and Aristocrat have violated Washington’s gambling law. Plaintiff Manasa Thimmegowda is leading the lawsuit. The parties have agreed to provide notice to the District Court that the parties have reached a settlement in principle and to request that the cases be stayed pending execution and filing of a formal settlement agreement.Social games publisher Big Fish Games has been hit by another lawsuit questioning the legality of its social casino games in Washingtonīig Fish Games, along with its new owner Aristocrat Leisure, has been named as a defendant in a class action lawsuit filed last week in the US District Court for the Western District of Washington at Seattle. Aristocrat will pay US$31m of the settlement.Īll members of the nationwide settlement class who do not exclude themselves will release all claims relating to the subject matter of the lawsuits.Īristocrat has agreed to specifically release CD of any and all indemnification obligations under the Stock Purchase Agreement dated November 29, 2017, between CD, Aristocrat and Big Fish Games arising from or related to the Kater and Thimmegowda litigations, including any claims of diminution of value of Big Fish Games and any claims by any person who opts out of the proposed class settlement. CD will pay US$124m of the settlement from its available cash.
District Court for the Western District of Washington. 2:15-cv-00612 and Manasa Thimmegowda, et al. Under the terms of the settlement, which will take effect only after final court approval of the proposed class settlement:Ī total of US$155m will be paid into a settlement fund. The Big Fish Casino, Jackpot Magic Slots, and Epic Diamond Slots Class Action Lawsuits are Cheryl Kater, et al. The agreement in principle remains contingent on final court approval by the US Federal District Court for the Western District of Washington. Churchill Downs and Aristocrat Leisure have entered into an agreement in principle to settle the Kater v Churchill Downs and Thimmegowda v Big Fish Games lawsuits.Ĭhurchill Downs completed its sale of Big Fish Games to Aristocrat in January 2018.