This class action brings suit against Apple, Inc., alleging that it facilitates illegal gambling. The complaint asks for the recovery of money lost at this illegal gambling, pursuant to a provision in the Code of Tennessee. It claims that “Apple promotes, enables, and profits from games downloaded from the App Store … that constitute illegal gambling under the statutory law and the strong public policy of the state of Tennessee.”
Apple maintains tight control of its iOS operating system. “In order to sell apps in the App Store,” the complaint claims, “developers must submit their programs to Apple, which then decides whether the app may be included in the App Store and thus downloaded to iOS devices.”
Apple also takes as much as 30% of all revenue generated by the apps. It can do this because it requires that app makers use its payment interface to process the revenue.
Apple’s App Store, the complaint says, sells “games that are no more or no less than casino-style slot machines, casino[-]style table games, and other common gambling games.”
When customers open such apps for the first time, they have a number of “coins” with which to begin to play. Eventually, customers lose all the coins originally provided. At that point, they are invited to use real money to buy more coins so they can keep playing the game.
The complaint alleges that Apple already has the ability to “geo-restrict” games so that they can only be played in certain states, where they are legal.
The law in Tennessee forbids playing to win anything of value, including free plays.
Apple also promotes the gambling games, another thing that is illegal in Tennessee. A further offense in the Tennessee Code is “Aggravated gambling promotion” where “[a] person commits an offense who knowingly invests in, finances, owns, controls, supervises, manages or participates in a gambling enterprise.”
Tennessee also permits people to recover money paid and lost due to gambling within ninety days from the time of the payment or delivery of the money.
The class for this action is all Tennessee residents who downloaded, played, and paid money for additional coins within games from the Apple App Store that included slots, roulette, blackjack, poker, keno, craps, and other kinds of casino-style gambling games, bingo, or simulations thereof, where the player had a chance to win coins or other means to play for additional time, between July 24, 2020 and a date to be set by the court after the class is certified in this case.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Apple Asked to Restore Gambling Losses in Tennessee Complaint
October 22, 2020
This class action brings suit against Apple, Inc., alleging that it facilitates illegal gambling. The complaint asks for the recovery of money lost at this illegal gambling, pursuant to a provision in the Code of Tennessee. It claims that “Apple promotes, enables, and profits from games downloaded from the App Store … that constitute illegal gambling under the statutory law and the strong public policy of the state of Tennessee.”
Apple Asked to Restore Gambling Losses in Tennessee ComplaintCase Event History
Apple Asked to Restore Gambling Losses in Tennessee Complaint
October 22, 2020
This class action brings suit against Apple, Inc., alleging that it facilitates illegal gambling. The complaint asks for the recovery of money lost at this illegal gambling, pursuant to a provision in the Code of Tennessee. It claims that “Apple promotes, enables, and profits from games downloaded from the App Store … that constitute illegal gambling under the statutory law and the strong public policy of the state of Tennessee.”
Apple Asked to Restore Gambling Losses in Tennessee Complaint