Ms Nicole Preece, with the assistance of William Roberts Lawyers and litigation funder, LCM, has brought a class action proceeding in the Federal Court of Australia against Aristocrat Leisure Limited (ACN 002 818 368), Product Madness, Inc. and Big Fish Games, Inc. (together, the Respondents). The class action is on behalf of persons in Australia who have spent real money playing the Social Casino Games on any of the following Apps during the period between 22 December 2017 and 12 December 2024 (inclusive) (Relevant Period):
- Heart of Vegas;
- Cashman Casino;
- Mighty Fu Casino (previously called Fafafa Gold);
- Lightning Link Casino;
- Big Fish Casino;
- Jackpot Magic Slots; and
- Epic Diamond Slots (previously called Vegas Party Slots),
(together, the Apps).
Background
Aristocrat Leisure Limited (ALL) is a gaming provider and publisher, offering various products and services including electronic gaming machines. It is alleged that ALL and its related entities, Product Madness, Inc. and Big Fish Games, Inc. developed, marketed and distributed the Apps.
Virtual chips, virtual coins or other virtual items may be purchased to enable users to play the Social Casino Games offered on the Apps.
The claim
The class action claims, among other things, that by the Respondents’ development, marketing and distribution of the Apps, the Respondents have:
- provided prohibited interactive gambling services to customers in Australia in breach of the Interactive Gambling Act 2001 (Cth); and
- engaged in conduct that was in all the circumstances unconscionable within the meaning of section 21 of the Australian Consumer Law.
That is, it is alleged that the Apps should not have been offered at all to Australians.
What kind of loss and damage will be claimed in the Social Casino Games Class Action?
By reason of the alleged conduct above, the class action seeks to recover as compensation, all monies spent by persons physically present in Australia on any of the Apps during the Relevant Period.
Will it cost anything to participate in the class action?
As LCM is funding this class action, it is being run on a ‘no win, no pay’ basis, so that there are no ‘out of pocket’ costs for class members to pay. Class members do not have to pay anything in the event that the class action is unsuccessful.
If the class action is successfully resolved (via a settlement or a judgment in favour of class members), LCM will be claiming a reimbursement of the costs of the class action that it has funded plus a commission from the judgment or settlement amount.
Am I a Class Member?
You will be a class member in this class action if you:
- have played the poker machine style games (also known as “pokies” and “slots”) on the Apps referred to as Social Casino Games; and
- have made purchases using real money while playing the Social Casino Games during the Relevant Period;
- were physically present in Australia; and
- you do not opt out of this class action.
If you wish to contact us about this class action, you can email us at WR-Aristocrat@williamroberts.com.au; or call us on (02) 9552 2111.
We also invite you to check our website from time to time for updated further information, documents or important notices.