Casino Watch Focus has long reported on the development, recognition and battles over loot boxes as a new gambling mechanism in video games, including a pair of recent California based lawsuits against Apple and Google. Those suits centered around popular gaming apps that had loot boxes inside an otherwise normal looking game like EA’s Fifa soccer or Nintendo’s Mario Kart Tour. A new Federal lawsuit, however, alleges that same access to loot box type gambling, but in a more obvious gambling related app. An online Alabama new source reports:
Two federal lawsuits filed Wednesday seek refunds for Alabama residents who downloaded games from app stores that the plaintiffs say are illegal gambling under state law. The potential class action lawsuits were filed against tech giants Apple and Google by two Shelby County residents who purchased the app-based games and paid money for more playing time. The suit specifically deals with games that begin with offering the player a set number of free starting “coins” to play the slots, blackjack, roulette, poker, keno, bingo, and other card and gambling games.
A loss results in a loss of the coins, but the customer has the chance to win more coins. When a customer runs out of coins, the player is prompted to use real money to buy more coins to keep playing. Both suits list 200 games available through Apple’s App Store and the Google Play Store that feature casino-type gambling.
“Apple and its chief mobile device software competitor, Google, both allow customers to purchase games that are no more or no less than casino-style slot machines, casino-style table games, and other common gambling games,” one suit alleges. The suit contends that under Alabama’s gambling statutes, paying money in a game for a chance to win more playing time constitutes illegal gambling.
The suit brings up state law’s definition of “something of value,” which it says is not limited to games where one gambles in the hopes of winning actual cash. “Rather, ‘something of value’ specifically includes ‘extension of a service entertainment or a privilege of playing at a game or scheme without charge.’ As a matter of law, paying money to get ‘coins’ one bets hoping to win more ‘coins’ so as to gain the ‘privilege of playing at a game or scheme without charge’ is gambling a thing of value under Alabama law,” the suits contend.
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