Some states have laws stating that entities that make money from illegal gambling must provide refunds for customer losses if they are claimed within a certain period of time. In this class action, the complaint asserts that certain gambling game apps available in the Google Play Store constitute illegal gambling under New York state laws and that Google, LLC and Google Payment Corporation owe refunds to customers who spent money on these games.
The class for this action is all New York residents who downloaded, played, and paid money for more coins in games from the Google Play Store that featured 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 periods of time, during a period between July 22, 2020 and a date to be set by the court after the certification of the class.
Google has ownership and control of the Android operating system. The complaint alleges that “the Google Play Store maintains an almost-total monopoly on the distribution of apps made to run on the Android OS, including in-app purchases.” Sales of games and in-app purchases are processed through Google Payment Corporation.
The complaint claims that some of the games the Google Play Store sells are “no more or no less than” the kinds of games found in gambling casinos. In general, customers are able to download them for free. When they first open the apps, they are granted a supply of “coins.” If they win games, they win coins; if they lose games, they lose coins. Eventually, customers lose all their coins and then are offered the chance to buy more coins through in-app purchases.
The plaintiff in this case, Michael Brown, bought several of these games, including Goldfish Casino, Cashman, and Jackpot Party. He has bought additional coins for these games. In the last three months, he has spent $1,014.87 with Google to continue to play the games.
The complaint alleges, “New York’s gambling statutes make clear that paying money in a game for a chance to win more playing time constitutes illegal gambling under New York law.” It alleges that “Google is the principal promoter and facilitator of the illegal activity.”
Under New York law, a party is guilty of the crime of “promoting” gambling if it “knowingly advances or profits from unlawful gambling activity. The law also provides that people who lose and pay twenty-five dollars or more from illegal gambling “may, within three calendar months after such payment or delivery, sue for and recover the money or value of the things so lost and paid or delivered, from the winner thereof.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Google and Illegal Gambling In-App Purchases New York Complaint
October 22, 2020
Some states have laws stating that entities that make money from illegal gambling must provide refunds for customer losses if they are claimed within a certain period of time. In this class action, the complaint asserts that certain gambling game apps available in the Google Play Store constitute illegal gambling under New York state laws and that Google, LLC and Google Payment Corporation owe refunds to customers who spent money on these games.
Google and Illegal Gambling In-App Purchases New York ComplaintCase Event History
Google and Illegal Gambling In-App Purchases New York Complaint
October 22, 2020
Some states have laws stating that entities that make money from illegal gambling must provide refunds for customer losses if they are claimed within a certain period of time. In this class action, the complaint asserts that certain gambling game apps available in the Google Play Store constitute illegal gambling under New York state laws and that Google, LLC and Google Payment Corporation owe refunds to customers who spent money on these games.
Google and Illegal Gambling In-App Purchases New York Complaint