`
`Case 5:21-cv-00553 Document 1 Filed 01/22/21 Page 1 of 25
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`
`Rafey S. Balabanian (SBN 315962)
`rbalabanian@edelson.com
`Todd Logan (SBN 305912)
`tlogan@edelson.com
`Brandt Silver-Korn (SBN 323530)
`bsilverkorn@edelson.com
`EDELSON PC
`123 Townsend Street, Suite 100
`San Francisco, California 94107
`Tel: 415.212.9300
`Fax: 415.373.9435
`
`Counsel for Plaintiffs and the Proposed Class
`
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`
`
`
`
`
`DONALD NELSON, an individual, and
`CHEREE BIBBS, an individual, individually
`and on behalf of all others similarly situated,
`
`Plaintiffs,
`
`v.
`
`APPLE INC., a California corporation,
`
`Defendant.
`
`Case No. _________________
`
`CLASS ACTION COMPLAINT
`JURY DEMAND
`
`
`
`
`Plaintiffs Donald Nelson and Cheree Bibbs, individually and on behalf of a proposed
`class, bring this Class Action Complaint against Apple Inc. seeking restitution, damages, an
`injunction, and other appropriate relief from Apple’s ongoing participation in an illegal internet
`gambling enterprise. Plaintiffs allege as follows upon personal knowledge as to themselves and
`their own acts and experiences, and as to all other matters, upon information and belief.
`INTRODUCTION
`1.
`Over the last decade, the world’s leading slot machine makers—companies like
`International Game Technology, Scientific Games Corporation, and Aristocrat Leisure—have
`teamed up with American technology companies to develop a new product line: social casinos.
`2.
`Social casinos are apps, playable from smartphones, tablets, and internet
`browsers, that make the “authentic Vegas-style1” experience of slot machine gambling available
`
`Form F-1/A Doubledown Interactive Co., Ltd., https://sec.report/Document/0001193125-
`1
`20-183157/.
`CLASS ACTION COMPLAINT
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`1
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`Case No. __________________
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`Case 5:21-cv-00553 Document 1 Filed 01/22/21 Page 2 of 25
`Case 5:21-cv-00553 Document 1 Filed 01/22/21 Page 2 of 25
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`to consumers anywhere and anytime. See Figure 1 (Screenshot of DoubleDown Casino
`
`Gameplay). By moving their casino games directly onto the phones and computers of players,
`
`and by leveraging an innocuous-sounding “free-to-play” model,2 social casino companies, along
`
`with Apple, Facebook, and Google (the “Platforms”), have found a way to smuggle slot
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`machines into the homes of consumers nationwide, twenty-four hours a day and three-hundred-
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`sixty-five days a year.
`
`3.
`
`Just like Las Vegas slot machines, social casinos allow users to purchase virtual
`
`“chips” in exchange for real money, and then to gamble those chips at slot machines games in
`
`hopes of winning still more chips to keep gambling. In DoubleDown Casino, for example,
`
`players purchase “chip packages” costing up to $499.99. See Figure 2 (Screenshot of “Popular”
`
`Chip Packages in DoubleDown Casino). But unlike Las Vegas slots, social casinos do not allow
`
`players to cash out their chips. Instead, purchased chips and won chips alike can be used only for
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`more slot machine “spinning.”
`
`Figure 1
`
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`4.
`
`Nevertheless, like Las Vegas slots, social casinos are extraordinarily profitable
`
`and highly addictive. Social casinos are so lucrative because they mix the addictive aspects of
`
`2
`
`This term is a misnomer. It refers to a business model by which the initial download of
`the game is free, but companies reap huge profits by selling “in-game” items (known generally
`as “in-app purchases”).
`
`CLASS ACTION COMPLAINT
`
`Case No.
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`WM
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`traditional slot machines with the power the Platforms, including Defendant Apple, to leverage
`big data and social network pressures to identify, target, and exploit consumers prone to
`addictive behaviors.3
`5.
`Simply put, the social casino apps do not, and cannot, operate and profit at such a
`high level from these illegal games on their own. Their business of targeting, retaining, and
`collecting losses from addicted gamblers is inextricably entwined with the Platforms. Not only
`do the Platforms retain full control over allowing social casinos into their stores, and their
`distribution and promotion therein, but they also share directly in a substantial portion of the
`gamblers’ losses, which are collected and controlled by the Platforms themselves.
`6.
`Because the Platforms are the centers for distribution and payment, social casinos
`gain a critical partner to retain high-spending users and collect player data, a trustworthy
`marketplace to conduct payment transactions, and the technological means to update their apps
`with targeted new content designed to keep addicted players spending money.
`7.
`Last year alone, consumers purchased and gambled away an estimated $6 billion
`in social casino virtual chips.4
`8.
`By utilizing Apple for distribution and payment processing, the social casinos
`entered into a mutually beneficial business partnership. In exchange for distributing the casino
`games, providing them valuable data and insight about their players, and collecting money from
`consumers, Apple (and the other Platforms) take a 30 percent commission off of every wager,
`earning them billions in revenue. By comparison, the “house” at a traditional casino only takes 1
`to 15 percent, while also taking on significant risk of loss in its operation. Apple’s 30 percent
`rake, on the other hand, is guaranteed for its ability to act as a casino “host” and bankroll.
`9.
`The result (and intent) of this dangerous partnership is that consumers become
`addicted to social casino apps, maxing out their credit cards with purchases amounting to tens or
`even hundreds of thousands of dollars. Consumers addicted to social casinos suffer a variety of
`
`See, e.g., How social casinos leverage Facebook user data to target vulnerable gamblers,
`3
`PBS NEWS HOUR, youtube.com/watch?v=FFtkFLNJZfM.
`4
`SciPlay Net Income Skyrockets 127 Percent, as Social Gaming Embraced by Americans
`Sheltered at Home, CASINO.ORG, https://www.casino.org/news/sciplay-net-income-skyrockets-
`127-percent-as-social-gaming-embraced.
`CLASS ACTION COMPLAINT
`
`Case No. __________________
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`3
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`non-financial damages ranging from depression to divorce to attempted suicide.
`10.
`These devastating consequences are not hypothetical or hyperbole: below are
`excerpts of sworn testimony from individuals describing their experiences with three different
`social casinos at issue in this case:
`• DoubleDown Casino: “I was drawn to DoubleDown because I could play
`the same games that I played when I went to real casinos. Overall, I
`estimate that I have spent over $40,000 on chips in DoubleDown Casino. I
`am addicted to DoubleDown Casino . . . I knew being on DoubleDown
`Casino every day for hours was a problem, but I couldn’t seem to stop. I
`believe that DoubleDown is taking advantage of people’s addictions. They
`know that gambling is addictive, and they act exactly like a physical casino
`that pays out money. I feel alone and embarrassed about spending money to
`do something that only feeds my addiction. DoubleDown Casino consumes
`you, and makes you feel like you always have to go play. I feel guilty
`because I’ve spent money on DoubleDown that I’ve needed to pay bills or
`buy food.” Exhibit 1, Declaration of Willa Moore [emphasis added].
`• DoubleDown Casino: “I believe I have spent close to $25,000 on
`DoubleDown Casino. I would buy the chips with a credit card which I
`couldn’t pay in-full, so there’s interest on top of that too . . . I was a well-
`respected, active member of my community who owned my own business
`for 36 years. But when I retired, and my fellow started having health
`problems, DoubleDown Casino made me fall into the trap of escape and
`adrenaline rush to cope with all my other responsibilities. When I won, it
`was just great. When I lost, and started buying more and more chips, I felt
`lower than pond scum. I was sick to my stomach, felt like a total loser,
`wondered about suicide (although I would never leave my partner), could
`not sleep, had anxiety attacks with a rushing heart, and couldn’t eat. I just
`couldn’t understand how I could let it get so out of control. It was as if it
`had a power over me that I couldn’t break. I couldn’t stop.” Exhibit 2,
`Declaration of Jan Saari [emphasis added].
`• Jackpot Party Casino: “Overall, I believe that I have spent between
`$10,000-$20,000 playing Jackpot Party Casino. I was addicted to Jackpot
`Party Casino and I hate that . . . This kind of loss put a huge strain on my
`ability to even buy food . . . I believe Jackpot Party Casino had been taking
`advantage of my addiction . . . This game hurt me and the worst part was
`that when my husband was alive, he would say, ‘You’re not spending
`money on there are you?’ and I lied. I hate that I have to live with that
`now.” Exhibit 3, Declaration of Laura Perkinson [emphasis added].
`• Jackpot Party Casino: “I believe that I’ve spent at least $30,000 on
`Jackpot Party Casino . . . I am going through a divorce right now, in part
`because of how much money I spent on Jackpot Party . . . Scientific Games
`will provide incentives to their top spenders so that they continue to spend.
`I have received Christmas gifts two times. They have sent me a robe, oils,
`phone charger, bath bombs, a blanket, and more. I know that they have sent
`other players flowers and candies . . . This game has changed my way of
`thinking and caring. I never thought I would get addicted to anything
`except cigarettes, but this has taken too much of my life away. I don’t
`know how my life would be different without this game, but I know that it
`would be better and I know that I would be much better off financially . . . I
`
`CLASS ACTION COMPLAINT
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`4
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`Case No. __________________
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`Case 5:21-cv-00553 Document 1 Filed 01/22/21 Page 5 of 25
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`wish it didn’t exist.” Exhibit 4, Declaration of Donna Reed [emphasis
`added].
`• High 5 Casino: “I have spent at least $10,000 on coins in High 5 Casino . .
`. I believe I am addicted to High 5 Casino . . . I have tried to quit but I
`believe three weeks is the longest amount of time I’ve ever been able to
`stop . . . Sometimes I feel guilty about playing High 5 Casino and spending
`so much money. My husband does not know I have spent money on it. My
`grandkids will sometimes ask for money and I can’t give it to them because
`I have to save it for this game.” Exhibit 5, Declaration of Aida Glover
`[emphasis added].
`
`12.
`Unsurprisingly, social casinos are illegal under many states’ gambling laws.
`13.
`As the Ninth Circuit held in Kater v. Churchill Downs Inc., 886 F.3d 784, 785
`(9th Cir. 2018):
`
`In this appeal, we consider whether the virtual game platform “Big Fish
`Casino” constitutes illegal gambling under Washington law. Defendant–
`Appellee Churchill Downs, the game’s owner and operator, has made
`millions of dollars off of Big Fish Casino. However, despite collecting
`millions in revenue, Churchill Downs, like Captain Renault in Casablanca,
`purports to be shocked—shocked!—to find that Big Fish Casino could
`constitute illegal gambling. We are not. We therefore reverse the district
`court and hold that because Big Fish Casino’s virtual chips are a “thing of
`value,” Big Fish Casino constitutes illegal gambling under Washington law.
`
`
`14.
`As an instructive example, DoubleDown Casino is illegal both in Washington and
`here in California (where the Platforms, including Defendant Apple, host it and collect their 30%
`rake). This year, consumers will purchase approximately $300 million worth of virtual casino
`chips in DoubleDown Casino. That $300 million will be divided up approximately as follows:
`$170 million to DoubleDown; $30 million to International Game Technology (“IGT”) (a
`multinational slot machine manufacturer that licenses slot machine game IP to DoubleDown);
`and—as particularly relevant here—the remaining $100 million to Apple and the other Platforms
`(for hosting the app, driving vulnerable consumers to it, and processing the payments for those
`consumers’ virtual chip purchases).
`15.
`In other words, despite knowing that DoubleDown Casino is illegal, Apple and
`the other Platforms continue to maintain a sizable (30%) financial interest by hosting the game,
`driving customers to it, and acting as the bank.
`16.
`As such, DoubleDown, Apple, and the other Platforms are all liable as co-
`
`CLASS ACTION COMPLAINT
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`5
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`Case No. __________________
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`conspirators to an illegal gambling enterprise. Moreover, DoubleDown Casino is just one of
`more than fifty social casino apps (the “Illegal Slots”) that the Platforms illegally host and profit
`from.
`
`17.
`Consequently, Apple and the other Platforms—alongside the Illegal Slot
`companies—are liable as co-conspirators to an illegal gambling conspiracy.
`18.
`Defendant Apple, for its part, is a direct participant in an informal association and
`enterprise of individuals and entities with the explicit purpose of knowingly devising and
`operating an online gambling scheme to exploit consumers and reap billions in profits (the
`“Social Casino Enterprise”).
`19.
`This ongoing Enterprise necessarily promotes the success of each of its members:
`Social casino operators, like DoubleDown, need Platforms like Apple, Google, and Facebook, to
`access consumers, host their games, and process payments. The Platforms, for their part, need
`developers like DoubleDown to publish profit-driven and addictive applications on their
`platforms to generate massive revenue streams.
`20.
`Through this case, Plaintiffs seek to force Apple to stop participating in, and to
`return to consumers the money it has illegally profited from, the Social Casino Enterprise.
`21.
`Plaintiffs, on behalf of the putative Class, bring claims for damages and for
`injunctive relief under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §
`1961, et seq. (“RICO”), and California’s Unfair Competition Law, Business and Professions
`Code § 17200, et seq. (“UCL”).
`
`PARTIES
`Plaintiff Donald Nelson is a natural person and a citizen of the State of
`
`22.
`Wisconsin.
`23.
`Plaintiff Cheree Bibbs is a natural person and a citizen of the State of Alabama.
`24.
`Defendant Apple Inc. is a corporation existing under the laws of the State of
`California with its principal place of business located at 1 Infinite Loop, Cupertino, California
`95014. Apple regularly conducts and transacts business in this District, as well as throughout the
`United States. Apple manufactures, markets, and sells the iPhone, among other electronic
`
`CLASS ACTION COMPLAINT
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`6
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`Case No. __________________
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`Case 5:21-cv-00553 Document 1 Filed 01/22/21 Page 7 of 25
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`devices, and owns and operates the Apple App Store, which comes preinstalled on every Apple
`device.
`
`I.
`
`JURISDICTION AND VENUE
`25.
`Federal subject-matter jurisdiction exists under 28 U.S.C. § 1332(d)(2) because
`(a) at least one member of the proposed class is a citizen of a state different from Defendant, (b)
`the amount in controversy exceeds $5,000,000, exclusive of interests and costs, and (c) none of
`the exceptions under that subsection apply to this action.
`26.
`The Court has personal jurisdiction over Defendant because Defendant is
`headquartered in this District and Defendant’s alleged wrongful conduct occurred in and
`emanated from this District.
`27.
`Venue is proper in this District under 28 U.S.C. § 1391(b) because a substantial
`part of the events giving rise to Plaintiffs’ claims occurred in and emanated from this District.
`GENERAL ALLEGATIONS
`Social Casinos Are Illegal Slot Machines Under California Law .
`28.
`Slot machines have long been outlawed in California.
`29.
`California law recognizes that a device can be an illegal slot machine without
`offering users the opportunity to win money.
`30.
`In fact, if a gaming machine has the look and feel of a slot machine, accepts real
`money for gameplay, and rewards a winning spin with an “additional chance or right to use the
`slot machine or device,” the device is an illegal slot machine.
`31.
`Consequently, social casinos, as described herein, are illegal slot machines under
`California law.
`32.
`California gambling law is, on this point, consistent with the laws of many other
`states—including Washington. In Kater, for example, the Ninth Circuit held that social casinos
`are illegal under Washington law because, while users cannot win money, social casino chips are
`“things of value” because they can be purchased for money, are awarded as prizes in social
`casino slot machines, and then can be used to allow players to keep spinning social casino slot
`machines. After two years of subsequent litigation, the parties in Kater reached a $155 million
`
`
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`CLASS ACTION COMPLAINT
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`Case No. __________________
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`nationwide class action settlement. The settlement was preliminarily approved and a final
`approval hearing is set for February 2021.5
`33.
`California aggressively regulates all forms of gambling. One reason it does so is
`to prevent consumers from being cheated by professional gambling operations.
`34.
`Because social casinos have previously operated as if they were not subject to
`gambling regulations, they do not comply with any of the regulations that govern the operation
`of slot machines.
`35.
`Notably, while any legitimately operated slot machine must randomize its results,
`social casinos do not randomize their results. Instead, social casinos tailor “wins” and “losses” in
`such a way as to maximize addiction (and, in turn, revenues). As the CEO of Double Down
`Casino once explained, “[o]ur games aren’t built to be bulletproof like you’d need to be if you’re
`a real gambling company. We can do things to make our games more [fun] that if you were an
`operator in Vegas you’d go to jail for, because we change the odds just for fun.”6
`36.
`In other words, social casinos are not just illegal under California law, but they
`would not be legal slot machines under any state law as they cheat players out of a legitimately
`randomized slot machine experience. Not only can players never actually win money, but their
`financial losses are maximized by deceptive gameplay tweaks that would never be allowed in a
`legitimate slot machine.
`II.
`Apple Hosts and Facilitates At Least Fifty Illegal Social Casinos.
`37.
`The Platforms, including Defendant Apple, have directly assisted in creating the
`unregulated market of virtual casino games from the outset of the industry.
`
`
`Settlements in two related cases were also preliminarily approved and are likewise set for
`5
`final approval in February 2021. Three more related cases are being litigated in Washington,
`against the owners and operators of certain social casino games. See Wilson v. PTT, LLC, 351 F.
`Supp. 3d 1325, 1337 (W.D. Wash. Dec. 14, 2018) (settled); Wilson v. Playtika, Ltd., 349 F.
`Supp. 3d 1028, 1041 (W.D. Wash. Nov. 20, 2018) (settled); Fife v. Sci. Games Corp., No. 2:18-
`CV-00565-RBL, 2018 WL 6620485, at *4 (W.D. Wash. Dec. 18, 2018) (in litigation); and
`Wilson v. Huuuge, Inc., No. 3:18-cv-05276, 2018 WL 5921019 (W.D. Wash. Nov. 13, 2018)
`(same); Benson v. Double Down Interactive, LLC, 798 F. App'x 117 (9th Cir. 2020) (same).
`6
`Gambling giant IGT buying Double Down for $500M, moving into Facebook games,
`GEEK WIRE, https://www.geekwire.com/2012/gambling-giant-igt-buying-doubledown-500m-
`moving-facebook-games/ [emphasis added].
`CLASS ACTION COMPLAINT
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`Case No. __________________
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`38.
`Before gaining access to these social media platforms, the Illegal Slots used
`methods like loyalty cards to track data on how much gamblers spent, how frequently they
`played, or how often they bet. The Platform partnerships upgraded their business model to an in-
`app payment system and provided additional user data which skyrocketed revenue by providing
`them with access to a whole new market of consumers.
`39.
`The core marketing for the Illegal Slots is accomplished in concert with the
`Platforms, and their systems are inextricably linked. Double Down described this very setup in a
`public filing:
`
`
`Our games are distributed through several main platform providers, including
`Apple, Facebook, Google, and Amazon, which also provide us valuable
`information and data, such as the rankings of our games. Substantially all of our
`revenue is generated by players using those platforms. Consequently, our
`expansion and prospects depend on our continued relationships with these
`providers.
`….
`
`
`We focus our marketing efforts on acquiring new players and retaining existing
`players. We acquire players both organically and through paid channels. Our paid
`marketing includes performance marketing and dynamic media buying on
`Facebook, Google, and other channels such as mobile ad networks. Underlying
`our paid marketing efforts are our data analytics that allow us to estimate the
`expected value of a player and adjust our user acquisition spend to a targeted
`payback period. Our broad capabilities in promotions allow us to tailor
`promotional activity around new releases, execute differentiated multi-channel
`campaigns, and reach players with preferred creative content.
`….
`
`
`Our player retention marketing includes advertising on Facebook as well as
`outreach through email, push notifications, and social media posts on channels
`such as Facebook, Instagram, and Pinterest. Our data and analytics also inform
`our retention marketing efforts. Campaigns are specially designed for each
`channel based upon player preferences for dimensions such as time of day and
`creative content. We consistently monitor marketing results and return on
`investment, replacing ineffective marketing tactics to optimize and improve
`channel performance.
`….
`
`
`We employ a rigorous, data-driven approach to player lifecycle management
`from user acquisition to ongoing engagement and monetization. We use
`internally-developed analytic tools to segment and target players and to
`optimize user acquisition spend across multiple channels.
`….
`
`
`CLASS ACTION COMPLAINT
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`9
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`We continuously gather and analyze detailed customer play behavior and
`assess this data in relation to our judgments used for revenue recognition.7
`
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`40.
`By moving to online platforms for marketing, distribution, and payment
`processing, Defendant Apple entered into a mutually beneficial business partnership with the
`Illegal Slots. In exchange for pushing and distributing the social casino apps and collecting
`money from consumers, Apple and the other Platforms take a 30 percent commission off of
`every in-app purchase, earning them billions in revenue.
`41.
`Prior to being published in the Apple App Store, developers must submit their app
`for review. In this process, Apple examines whether the app violates any company policies and
`demands that apps comply with all relevant laws within the jurisdiction where the app is
`available. Apps may be, and often are, removed at Apple’s discretion for violating its policies
`and can be audited at any time.
`42.
`Apple closely monitors its gambling liability by responding to the changing
`market landscape when it deems necessary. Apple likewise heavily regulates advertising in its
`system that involves gambling, stating “Gambling, gaming, and lotteries can be tricky to manage
`and tend to be one of the most regulated offerings on the App Store. Only include this
`functionality if you’ve fully vetted your legal obligations everywhere you make your app
`available and are prepared for extra time during the review process.”8
`43.
`As such, Apple, and the Platforms, through their App review process, are keenly
`aware of the illegal and deceptive nature of the Illegal Slots. Apple knew of the unlawful nature
`of the Illegal Slots and nonetheless knowingly hosted the unlawful gambling apps and promoted
`their success.
`44.
`Furthermore, on information and belief, in the wake of the Kater decision, the
`Platforms did not remove any social casinos from their offerings and conferred with each other at
`that time, jointly deciding that they would each continue to offer illegal social casino games.
`
`
`Form F-1/A Doubledown Interactive Co., Ltd., https://sec.report/Document/0001193125-
`7
`20-183157/.
`8
`App Store Review Guidelines, Apple.com, https://developer.apple.com/app-
`store/review/guidelines/#other-business-model-issues.
`10
`CLASS ACTION COMPLAINT
`
`
`Case No. __________________
`
`

`

`
`
`Case 5:21-cv-00553 Document 1 Filed 01/22/21 Page 11 of 25
`
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`# Game Title
`1 Slotomania Vegas Casino Slots
`2 Jackpot Party - Casino Slots
`3 Cashman Casino Las Vegas Slots
`
`4 DoubleDown - Casino Slots Game
`5 CashFrenzy - Slots Casino
`
`6 House of Fun: Casino Slots 777
`7 Huuuge Casino Slots Vegas 777
`
`8 Heart of Vegas Casino Slots
`9 Lightning Link Casino Slots
`
`10 POP! Slots Live Vegas Casino
`
`11 DoubleU Casino: Vegas Slots
`12 Caesars Casino: Vegas Slots
`13 Lotsa Slots - Vegas Casino
`
`A. The Illegal Slots
`Each of the following fifty social casinos offered by Apple (together the “Illegal
`45.
`Slots”) is an illegal slot machine under California law.9
`
`Figure 4 – The Illegal Slots
`Apple App Store URL
`https://apps.apple.com/US/app/id447553564?l=en
`https://apps.apple.com/US/app/id575980917?l=en
`https://apps.apple.com/US/app/id1123582513?l=e
`n
`https://apps.apple.com/US/app/id485126024?l=en
`https://apps.apple.com/US/app/id1404165333?l=e
`n
`https://apps.apple.com/US/app/id586634331?l=en
`https://apps.apple.com/US/app/id1028362533?l=e
`n
`https://apps.apple.com/US/app/id785537179?l=en
`https://apps.apple.com/US/app/id1243005112?l=e
`n
`https://apps.apple.com/US/app/id1065980436?l=e
`n
`https://apps.apple.com/US/app/id642727743?l=en
`https://apps.apple.com/US/app/id603097018?l=en
`https://apps.apple.com/US/app/id1356045010?l=e
`n
`https://apps.apple.com/US/app/id714508224?l=en
`https://apps.apple.com/US/app/id806393795?l=en
`https://apps.apple.com/US/app/id916869395?l=en
`https://apps.apple.com/US/app/id945621521?l=en
`https://apps.apple.com/US/app/id1480805172?l=e
`n
`https://apps.apple.com/US/app/id1098617974?l=e
`n
`https://apps.apple.com/US/app/id1369317521?l=e
`n
`https://apps.apple.com/US/app/id694876905?l=en
`https://apps.apple.com/US/app/id1040172229?l=e
`n
`https://apps.apple.com/US/app/id1356980152?l=e
`n
`https://apps.apple.com/US/app/id944158857?l=en
`
`14 myVEGAS Slots - Casino Slots
`15 Gold Fish Casino Slots Games
`16 Wizard of Oz: Casino Slots
`17 Quick Hit Slots - Casino Games
`18 Cash Tornado Slots - Casino
`
`19 Billionaire Casino Slots 777
`
`20 Game of Thrones Slots Casino
`
`21 Hit it Rich! Lucky Vegas Slot
`22 my KONAMI - Real Vegas Slots
`
`23 Jackpot World - Casino Slots
`
`24 Scatter Slots - Slot Machines
`
`
`For the Court’s convenience, an iPad containing Apple-based versions of the Illegal Slots
`9
`will be lodged with the Court as Exhibit 6. Upon request from Apple’s appearing counsel, a copy
`of the iPad will be produced to Apple.
`CLASS ACTION COMPLAINT
`
`
`
`11
`
`Case No. __________________
`
`

`

`
`
`Case 5:21-cv-00553 Document 1 Filed 01/22/21 Page 12 of 25
`
`
`25 Double Win Slots Casino Game
`
`26 88 Fortunes Slots Casino Games
`
`27 Wynn Slots - Las Vegas Casino
`
`28 Willy Wonka Slots Vegas Casino
`
`29 Vegas Live Slots Casino
`
`30 MONOPOLY Slots - Casino
`Games
`31 Classic Casino Slots Games
`
`32 GSN Casino: Slot Machine Games
`33 Rock N' Cash Casino Slots
`
`34 Slot Machines 777 - Slots Era
`
`35 Wild Classic Slots Casino
`
`36 Club Vegas Slots: Casino Games
`
`37 Ignite Classic Slots
`
`38 Slots - Classic Vegas Casino
`39 Cash Mania - Casino Slots
`
`40 Hot Shot Casino - Slots Games
`41 Double Hit Casino: Vegas Slots
`
`42 Huge Win Slots! Casino Games
`
`43 Winning Slots Las Vegas Casino
`
`44 High 5 Casino: Home of Slots
`45 Tycoon Casino - Vegas Slots
`
`46 Casino Games - Infinity Slots
`47 Slots DoubleDown Fort Knox
`
`48 Golden Casino – Vegas Slots
`
`49 Jackpotjoy Slots New 777 Games
`
`50 Show Me Vegas Slots Casino App
`
`https://apps.apple.com/US/app/id1382108510?l=e
`n
`https://apps.apple.com/US/app/id1091301948?l=e
`n
`https://apps.apple.com/US/app/id1323336775?l=e
`n
`https://apps.apple.com/US/app/id1074470421?l=e
`n
`https://apps.apple.com/US/app/id1304885184?l=e
`n
`https://apps.apple.com/US/app/id1215145992?l=e
`n
`https://apps.apple.com/US/app/id1116870834?l=e
`n
`https://apps.apple.com/US/app/id469231420?l=en
`https://apps.apple.com/US/app/id1143409775?l=e
`n
`https://apps.apple.com/US/app/id1133138987?l=e
`n
`https://apps.apple.com/US/app/id1135852485?l=e
`n
`https://apps.apple.com/US/app/id1201054588?l=e
`n
`https://apps.apple.com/US/app/id1256307081?l=e
`n
`https://apps.apple.com/US/app/id994102781?l=en
`https://apps.apple.com/US/app/id1518723506?l=e
`n
`https://apps.apple.com/US/app/id986110430?l=en
`https://apps.apple.com/US/app/id1016431735?l=e
`n
`https://apps.apple.com/US/app/id1247414258?l=e
`n
`https://apps.apple.com/US/app/id1330550298?l=e
`n
`https://apps.apple.com/US/app/id673354210?l=en
`https://apps.apple.com/US/app/id1437618231?l=e
`n
`https://apps.apple.com/US/app/id950710606?l=en
`https://apps.apple.com/US/app/id1334300759?l=e
`n
`https://apps.apple.com/US/app/id1216780424?l=e
`n
`https://apps.apple.com/US/app/id1355023074?l=e
`n
`https://apps.apple.com/US/app/id1172073178?l=e
`n
`
`
`
`46. Most or all of the Illegal Slots are also hosted and promoted by the other Platform
`members of the Social Casino Enterprise, Google and Facebook.
`
`CLASS ACTION COMPLAINT
`
`
`
`12
`
`Case No. __________________
`
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`Case 5:21-cv-00553 Document 1 Filed 01/22/21 Page 13 of 25
`
`
`Apple’s Facilitation, Promotion, and Control Over the Illegal Slots
`B.
`47.
`Apple, for its part, routinely facilitates the success of social casinos by counseling
`the app developers through the app launch process and providing them with resources and
`business tools necessary to maximize their success on the Apple App Store.
`48.
`The Illegal Slot companies and Apple monitor the game activity and use the
`collected data to increase user spending. This access to data is critical for the developers: Since
`all payment processing occurs through third-party platforms, the Illegal Slot companies have
`limited access to personal user data unless players login through Apple or otherwise sign up for
`loyalty programs.10
`49.
`Because the Illegal Slots depend on the spending of a small targeted audience, the
`Illegal Slot companies and Platforms work together to target and exploit high-spending users, or
`“whales,” as Illegal Slot companies like Double Down refer to their top spenders.11
`50.
`The data that the Illegal Slot companies and the Platforms collect on monetization
`necessarily contributes to the structure and success of the Social Casino Enterp