The plaintiff argued that the social casino games coaxed bettors into playing with the offer of a free download. Thimmegowda’s lawsuit referred to ‘free to play’ video games as a “misnomer”.
She claimed she had lost $3,000 purchasing the virtual chips, which cost around $1 to $250 for a bundle. It classified the virtual chips as “something of value” – constituting a gambling stake under state law.įollowing this ruling, another Big Fish customer, Manasa Thimmegowda, filed her own class-action suit in February 2019. In 2018, the US Court of Appeals for the Ninth Circuit ruled that the Big Fish online casino games constituted illegal gambling in Washington State. However, the case gained momentum again after the plaintiff appealed the ruling. The 2015 lawsuit claimed that the free chips offered on Big Fish had monetary value because the site required a deposit when the chips ran out.Ĭase itself dates back more than five yearsĪ district court judge dismissed Kater’s lawsuit just one year later. It began with Cheryl Kater, a Big Fish customer who allegedly had lost $1,000 playing on the games. History of the Big Fish caseĪlthough Aristocrat only announced settlement approval on Tuesday, the case itself dates back more than five years. The games were played on the online social gaming platforms Big Fish Casino, Epic Diamond Slots, and Jackpot Magic Slots, all offered by Big Fish. Now that a US federal court has approved the settlement, gamblers who lost money playing on Big Fish games can reclaim their cash. The two companies created the $155m pool last year after reaching an agreement to settle with the plaintiffs in May. Because of the historical nature of the lawsuits, Aristocrat paid $31m of the settlement, while CDI agreed to fork out $124m. The Australian-based company acquired Big Fish from US gaming operator Churchill Downs in 2018 for $990m. In a statement released Tuesday morning, Aristocrat announced that a Washington judge had provided final approval for the settlement. Both cases saw plaintiffs claiming that they lost money using ‘free’ virtual casino chips on Big Fish games.Īristocrat paid $31m of the settlement, while CDI agreed to fork out $124m Aristocrat Leisure Ltd and Churchill Downs Incorporated (CDI) have finalized a $155m settlement for two class-action lawsuits related to the online social gaming company Big Fish Games Incorporated.