Big Fish $155 Million Settlement Finalized by Federal Judge, Says Aristocrat
Posted on: March 2, 2021, 04:27h.
Last updated on: March 2, 2021, 04:52h.
Australian slot machine giant Aristocrat Gaming announced to the ASX Tuesday that a US federal judge in Washington state has given final approval to a $31 million settlement of two class-action lawsuits related to its Big Fish social casino platform.
That’s good news for the plaintiffs in the suits, the small fry taking on the Big Fish. They’re former players of the social casino site who claimed that they were the victims of predatory illegal gambling games. It’s not so good for Big Fish’s current owner, Aristocrat. Nor for former Big Fish Games owner Churchill Downs, which is on the hook for around $124 million.
The $155 million figure at least will come as no surprise to the two companies, which reached an agreement in principle to settle in May last year. The final sign-off came two weeks ago from the US Federal District Court for the Western District of Washington.
Something of Value?
Aristocrat purchased Big Fish from Kentucky-based Churchill Downs in 2017 for $900 million, three years after Churchill had acquired the formerly independent games studio.
As part of the settlement, Seattle-based Big Fish agreed to establish a voluntary self-exclusion policy and to change the game’s mechanics so that players who run out of virtual chips can continue playing without having to buy more.
Both Aristocrat and Churchill continue to deny that the Big Fish platform ever broke Washington state gambling laws.
Crucially, Judge Milan D. Smith disagreed when he delivered his shock March 2018 ruling that the virtual play chips used in the games constituted “something of value,” despite their lack of direct monetary worth.
Shockwaves for Games Industry
Smith’s interpretation meant that the play-money games fell into the classification of gambling, which Washington state defines as “risking something of value on the outcome of a contest of chance or a future contingent event not under the person’s control or influence to receive something of value in the event of a certain outcome.” ??
All previous attempts to sue social games developers for offering “illegal gambling” had been laughed out of court.
Smith’s ruling had huge ramifications for the social games industry, and not just games that aped casino slots. Any game that included chance-based mechanics and in-game microtransactions could now be seen to violate the law.
That could prove to be a problem for a state like Washington with a thriving video games development sector. In fact, two Washington lawmakers have introduced a bill that seeks to safeguard the state’s 20-percent share of the global industry and protect it from future lawsuits.
State Rep. Zach Hudgins’s (D-11th) and State Sen. Mark Mullet’s (D-5th) legislation would modify state gambling law to exempt games where players do not cash out for real money.
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Last Comments ( 142 )
Our money will be delayed due to folks arguing they paid more. We all did. I am not sure how they found what we did pay but I had a tier 10, tier 11, tier 8 and a tier 6. I spent a ton of money as when BF started it was so expensive. I am sure it still is. Then JPM came out and I went to tier 11 there. So I was not given all I know I paid but I will take whatever. It is a damn app I let myself get sucked into. Most of the folks will spend theirs back in the game. lol that is what is sad... be thankful you are getting anything...just saying...
Again why is it taking so long for us to get our damn checks come on Big Fish what the hell
Deadline is in June
Like everyone else that lawyers firm isn’t responding to emails and there’s no way to reach out to them by phone. I don’t recall my tier level - I received a numerical of $5200 or so. Whatever that means. I would also suggest that Massachusetts residents maybe able to file additional damages under MA Chapter 93A.
I received and email today to ask the Google Facebook and Apple about my spending what a pain in the butt so if I don’t do it don’t tell me I won’t get paid?
@ KenevathaDiva, thank you for the comment. My email says Approved and Non-DRP at $59k I actually deleted the app and I have not played since the lawsuit started. Like what you said no more fees so I should be getting like around 8k also? What a chunk of money off fees!
@M&B we don’t have to worry about anymore fees for attorneys, or payment admins because they have already been taken out. They were paid first along with the actual claimants! Just so happens I was able to follow the example under “plan allocation” from the settlement website because my lifetime spending was 40k. Therefore I should get a little over 8k back because I sent in a hand written letter in the beginning for the Non-DRP. If you hit the terms and agreement button then you’re subject to the DRP and still playing the game then yours would be lower. So look at your email it tells you which category. Had I not did the letter I would get back around 5k either way it’s a nice peace of change! Then it could be more depending if there’s a supplemental payment and it’s possible because this suit was only available to players in the USA. I hope this helps, I hate they removed the estimator because those calculations are somewhat complex. Now we only have to wait until the dispute and challenge period ends on May 29th and hopefully no more extensions are needed. We should have a payment by June hopefully either way they only have until July 11th to get it done!
So if my lifetime spending was like $59,000, how much will I get after all fees?
I see folks got an email on May 8th. Unfortunately I did not get this email so no telling what the hold up or delay is. I am a bit over the process that I do not wish to fight it at this point. I got the email about being a part of the claim and there would be an email going out in two weeks etc...but yeah, no email for me.
I received my email and I do t think people are going to much back I thought that they all the way back but yhe amount there saying is not that big I spent a ton of money I think 6000 is what am getting
I received my email today with my lifetime spending and I’m shocked, but ultimately glad to be getting $$$$ back! We should receive payment before the July deadline, but for the ones that decide to challenge the decision they have until May 29th. It actually tells you if your claim has been approved and if your NDRP OR DRP! Please be patient and thankful that it’s coming and a decent amount!!!
It states on the site you should receive an email may 8th with your lifetime spending amount and that you have 21 days to dispute the amount
I received an email dated April 23rd. In the email it states that they received a extension on the time they have to get checks out by July 11th. As of the 23rd I also stated that if you were identified would receive a email within 2 weeks with your spending total and group in which you were in. I spent over 100,000 and I better get something I’d be mad if I didn’t.
They emailed me a couple days ago. This is what they had to say.... "Dear Claimant: You are receiving this email because our records indicate that you submitted a claim in the Cheryl Kater and Suzie Kelley, et al. v. Churchill Downs Inc., et al. No. 15-cv-00612-RSL, and Manasa Thimmegowda, et al. v. Big Fish Games, Inc., et al. No. 19-cv-00199-RSL, class action settlements. The settlement received final approval on Thursday, February 11, 2021, and became Effective on March 13, 2012. The Settlement Agreement required payment of Approved Claims within 60 days of March 13, 2021. This caused the initial deadline to issue settlement payments to be May 12, 2021. Unfortunately, due to the volume and complexity of the data provided by the Parties and Platforms, unanticipated challenges unifying the data and matching it to claims, the volume of claims, the implementation and administration of the Initial Claim Determination notification process, and the potential time required to resolve any challenges, issuing payments for the Approved Claims by May 12, 2021, is not feasible. Consequently, on April 22, 2021, the Settlement Administrator filed a motion to the Court requesting a 60-day extension of the deadline for payment of Approved Claims, to July 11, 2021. On April 23, 2021, the Court granted our request for an additional 60 days. Settlement payments are now scheduled to be released on or before July 11, 2021. Additionally, in the next 1-2 weeks, we anticipate emailing you the Initial Claim Determination Notice providing you with your claim status, classification and Lifetime Spending Amount. If you have questions that have not been answered, please email us at [email protected], and we will promptly answer any question you may have. Regards, Settlement Administrator"..... Make if this what you will
I finally heard back from them. Copied and pasted the email I just received. "Dear Claimant: You are receiving this email because our records indicate that you submitted a claim in the Cheryl Kater and Suzie Kelley, et al. v. Churchill Downs Inc., et al. No. 15-cv-00612-RSL, and Manasa Thimmegowda, et al. v. Big Fish Games, Inc., et al. No. 19-cv-00199-RSL, class action settlements. The settlement received final approval on Thursday, February 11, 2021, and became Effective on March 13, 2012. The Settlement Agreement required payment of Approved Claims within 60 days of March 13, 2021. This caused the initial deadline to issue settlement payments to be May 12, 2021. Unfortunately, due to the volume and complexity of the data provided by the Parties and Platforms, unanticipated challenges unifying the data and matching it to claims, the volume of claims, the implementation and administration of the Initial Claim Determination notification process, and the potential time required to resolve any challenges, issuing payments for the Approved Claims by May 12, 2021, is not feasible. Consequently, on April 22, 2021, the Settlement Administrator filed a motion to the Court requesting a 60-day extension of the deadline for payment of Approved Claims, to July 11, 2021. On April 23, 2021, the Court granted our request for an additional 60 days. Settlement payments are now scheduled to be released on or before July 11, 2021. Additionally, in the next 1-2 weeks, we anticipate emailing you the Initial Claim Determination Notice providing you with your claim status, classification and Lifetime Spending Amount. If you have questions that have not been answered, please email us at [email protected], and we will promptly answer any question you may have. Regards, Settlement Administrator" Make of this what you will I guess.