`
`
`
`DANIEL L. WARSHAW (Bar No. 185365)
` dwarshaw@pswlaw.com
`PEARSON, SIMON & WARSHAW, LLP
`15165 Ventura Boulevard, Suite 400
`Sherman Oaks, California 91403
`Telephone: (818) 788-8300
`Facsimile: (818) 788-8104
`
`HASSAN A. ZAVAREEI (Bar No. 181547)
` hzavareei@tzlegal.com
`TYCKO & ZAVAREEI LLP
`1828 L Street NW, Suite 1000
`Washington, D.C. 20036
`Telephone: (202) 973-0900
`Facsimile: (202) 973-0950
`
`Attorneys for Plaintiff and the Proposed Class
`
`[Additional counsel appears on signature page]
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`JOHN SPARKS, individually and on behalf
`CASE NO.
`
`of all others similarly situated,
`CLASS ACTION COMPLAINT
`
` Plaintiff,
`
`
`
`DEMAND FOR JURY TRIAL
`v.
`
`GOOGLE, LLC and GOOGLE
`PAYMENT CORP.,
`
` Defendants.
`
`
`
`
`
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`950224.3
`
`
`
`
`CLASS ACTION COMPLAINT
`
`
`
`Case 5:21-cv-01516 Document 1 Filed 03/03/21 Page 2 of 23
`
`
`
`
`Plaintiff John Sparks (“Plaintiff”), individually and on behalf of all other persons similarly
`situated, and through his attorneys of record, alleges the following against Defendants Google, LLC
`(“Google LLC”) and Google Payment Corp. (“GPC”) (together, “Google” or “Defendants”), based
`upon personal knowledge with respect to himself, on information and belief derived from
`investigation of counsel, and review of public documents as to all other matters.
`INTRODUCTION
`1.
`This is a class action arising from Google’s profiting from illegal gambling games
`developed by Zynga, Inc. (“Zynga”) and offered, sold, and distributed by Google through its Google
`Play Store (“Google Play”) for consumers to download and play. Google offers, sells, and
`distributes casino-style slot machines, casino-style table games, and other common gambling games
`to consumers through Google Play, which, for the reasons set forth herein, constitutes illegal
`gambling pursuant to the law of various states.
`PARTIES
`2.
`Plaintiff is an adult citizen and resident of the state of Tennessee.
`3.
`Google LLC is a Delaware limited liability company with its principal place of
`business in Mountain View, California. Google LLC is the primary operating subsidiary of the
`publicly traded holding company, Alphabet Inc.
`4.
`GPC is a Delaware corporation with its principal place of business in Mountain
`View, California. GPC provides in-app payment processing services to Android app developers and
`consumers through Google Play. Google requires app developers who distribute their apps on
`Google Play to use its billing system if they offer in-app purchases of digital goods, and to pay a
`service fee from a percentage of the purchase, as explained in detail below.1
`JURISDICTION AND VENUE
`5.
`This Court has subject matter jurisdiction pursuant to the Class Action Fairness Act
`of 2005 (“CAFA”), 28 U.S.C. § 1332(d). The amount in controversy exceeds the sum of $5,000,000
`
`
`1 See https://android-developers.googleblog.com/2020/09/listening-to-developer-feedback-to.html
`(last visited March 2, 2021).
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`950224.3
`
`
`
`2
`CLASS ACTION COMPLAINT
`
`
`
`Case 5:21-cv-01516 Document 1 Filed 03/03/21 Page 3 of 23
`
`
`
`exclusive of interest and costs, there are more than 100 putative class members, and minimal
`diversity exists because putative class members are citizens of a different state than Defendants.
`6.
`This Court has personal jurisdiction over Defendants Google LLC and GPC because
`they are authorized to and regularly conduct business in California and their principal place of
`business is in California.
`7.
`Venue is proper in this District under 28 U.S.C. § 1391(b)(2) because Defendants
`Google LLC and GPC reside in this District and a substantial part of the events or omissions giving
`rise to Plaintiff’s claims occurred in this District.
`FACTUAL ALLEGATIONS
`8.
`Google is an American multinational technology company that specializes in
`Internet-related services and products, which include online advertising technologies, a search
`engine, cloud computing, software, and hardware. It is considered one of the Big Five companies
`in the U.S. information technology industry, alongside Amazon, Facebook, Apple, and Microsoft.2
`As per its 2019 Annual Report, Google generates most of its revenues from advertising. This
`includes sales of apps, in-app purchases, digital content products, and hardware; and licensing and
`service fees.3
`9.
`Google operates Google Play, which is a digital distribution service that serves as the
`official app store for certified devices running on the Android operating system (“Android”),
`allowing consumers to browse and download applications developed with the Android software
`development kit and published through Google (“Apps”), among other things.4
`10.
`Google Play presents consumers with personalized collections of Apps and games,
`based on criteria such as the user’s past activity, actions they are trying to complete, location, and
`major events. These collections are curated automatically as well as by the Google Play editorial
`team.5
`
`
`2 See https://en.wikipedia.org/wiki/Google (last visited January 28, 2021).
`3 See https://www.sec.gov/Archives/edgar/data/1652044/000165204419000004/goog10-
`kq42018.htm (last visited January 28, 2021).
`4 See https://en.wikipedia.org/wiki/Google_Play (last visited January 28, 2021).
`5 See https://developer.android.com/distribute/google-play (last visited January 28, 2021).
`3
`950224.3
`CLASS ACTION COMPLAINT
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`Case 5:21-cv-01516 Document 1 Filed 03/03/21 Page 4 of 23
`
`
`
`
`11.
`By 2017, Google Play featured more than 3.5 million Apps. Google subsequently
`purged many Apps from Google Play, but the number of Apps has risen back to over 3 million.6
`12.
`Apps are available through Google Play either free of charge or at a cost. They can
`be downloaded directly on an Android device through the proprietary Google Play mobile app or
`by deploying the App to a device from the Google Play website.7
`13.
`Certain Apps are initially free to download (i.e., “free-to-play”), but offer additional
`content or services for sale within the App, otherwise known as “in-app purchases,” that consumers
`can purchase while using the App.8
`14.
`Android consumers who want to purchase an App or make in-app purchases through
`Google Play must pay money directly to Google (through GPC), which provides the payment
`interface.9 Google consumers must register a valid method of payment to make payments to GPC
`for any purchases made through Google Play (including in-app purchases).10
`15.
`Likewise, Google mandates that App developers who distribute their Apps on
`Google Play must use Google Play’s billing system as the method of payment if they offer in-app
`purchases of digital goods, and to pay a service fee from a percentage of the purchase.11 Google is
`contractually obligated to these App developers to facilitate a transaction between the developers
`and end users, for which it earns a commission.12 Specifically, Google retains a service fee from
`sales of Apps and in-app purchases offered through Google Play equivalent to 30% of the payment.
`The developer, here, Zynga, receives 70% of the payment.13
`
`
`6 See https://en.wikipedia.org/wiki/Google_Play (last visited January 28, 2021).
`7 Id.
`8 See https://support.google.com/googleplay/answer/1061913?hl=en (last visited January 28,
`2021).
`9 See https://play.google.com/about/play-terms/index.html (last visited January 28, 2021).
`10See https://payments.google.com/payments/apis-
`secure/get_legal_document?ldo=0&ldt=buyertos&ldr=us (last visited January 28, 2021).
`11 See https://android-developers.googleblog.com/2020/09/listening-to-developer-feedback-to.html
`(last visited January 28, 2021); https://support.google.com/googleplay/android-
`developer/answer/9858738?hl=en (last visited January 28, 2021).
`12 See https://www.sec.gov/Archives/edgar/data/1652044/000165204419000004/goog10-
`kq42018.htm (last visited January 28, 2021).
`13 See https://support.google.com/googleplay/android-developer/answer/112622?hl=en (last
`visited January 28, 2021).
`950224.3
`
`4
`CLASS ACTION COMPLAINT
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`Case 5:21-cv-01516 Document 1 Filed 03/03/21 Page 5 of 23
`
`
`
`
`16.
`The Apps referenced herein could not be downloaded by Google consumers, and
`Google consumers would not be able to make in-app purchases in these Apps, without Google’s
`offering and distributing of the Apps (and selling of coins through in-app purchases) through Google
`Play.
`
`17.
`Google also provides marketing guidance, tools, promotional offers, and more to
`help drive discovery of Apps and in-app purchases.14 For example, Google offers App Campaigns
`to promote Apps through Google Play and ensure that developers’ Apps are shown to consumers
`who are most likely to drive the Apps’ business by optimizing installations and engagement.15
`18.
`In fact, Google even advises developers that it may “run promotional activities
`offering coupons, credits, and/or other promotional incentives for paid transactions and/or user
`actions for Your Products and in-app transactions solely in connection with Google Play promotions
`and, for gift card promotions, also on Google authorized third-party channels.”16 Notably, these
`promotional activities, which are aimed at increasing in-app purchases and increase Google’s
`profits, are provided by Google to developers free of charge.17
`19.
`Google and Zynga are both responsible for the creation or development of the Apps
`at issue here. Google reassures its developers that they will work together as a team: “Your
`innovation is what drives our shared success, but with it comes responsibility. These Developer
`Program Policies, along with the Developer Distribution Agreement, ensure that together we
`continue to deliver the world’s most innovative and trusted apps to over a billion people through
`Google Play….”18
`
`Casino-Style Apps Offered Through Google Play
`Google permits and facilitates illegal gambling by operating as an unlicensed casino.
`
`20.
`
`
`14 See https://ads.google.com/home/campaigns/app-ads/ (last accessed February 10, 2021).
`15 See id.
`16 See https://play.google.com/about/developer-distribution-agreement.html (last visited February
`10, 2021).
`17 See id.
`18 See https://support.google.com/googleplay/android-developer/topic/9858052?hl=en (last visited
`February 10, 2021).
`950224.3
`
`5
`CLASS ACTION COMPLAINT
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`Case 5:21-cv-01516 Document 1 Filed 03/03/21 Page 6 of 23
`
`
`
`
`21.
`Google sells, offers, and distributes several free-to-play casino-style games (i.e., slot
`machines and casino-style table games) developed by Zynga through Google Play (“Zynga Casino
`Apps”) for consumers to download and play, including, but not limited to, 101 YüzBir Okey Plus,
`Bid Whist Plus, Black Diamond Casino Slots, Game of Thrones Slots Casino, Gin Rummy Plus,
`Hit it Rich! Slots, Okey Plus, Solitaire, Spades Plus, Willy Wonka Slots, Wizard of Oz Slots, Zero21
`Solitaire, and Zynga Poker.
`22. When a consumer downloads and initially opens a Zynga Casino App, the consumer
`is given free “coins” or “chips” to start with, i.e., 100,000 or 1,000,000, to play the game. The Zynga
`Casino Apps work essentially like a casino slot machine or other Las Vegas-style games like
`blackjack, roulette, poker, keno, bingo, and other card and gambling games. A loss results in a loss
`of coins or chips, but the consumer has an opportunity to win additional coins or chips. Ultimately,
`the consumer will run out of coins or chips and will be prompted to use real money to purchase
`additional coins or chips for the chance to continue playing the game.
`23.
`Consumers do not have the ability to collect actual cash as a result of “winning”
`games, but they do have the ability to win and therefore acquire more playing time.
`24.
`Paying money in a game for a chance to win more playing time violates the anti-
`gambling laws of the twenty-five states that are at issue in this case. See Ala. Code § 13A-12-20
`(Alabama); Ark. Code Ann. § 16-118-103 (Arkansas); Conn. Gen. Stat. § 53-278a (Connecticut);
`OCGA § 16-12-20 (Georgia); 720 ILCS 5/28-1 (Illinois); IC §35-45-5-1 (Indiana); KRS 528.101
`(Kansas); Mass. Gen. Laws ch. 137, § 1 (Massachusetts); MN ST § 609.75 (Minnesota); MS ST §
`87-1-5 (Mississippi); Mo. Rev. Stat. § 572.010 (Missouri); MT Code § 23-5-112(14) (Montana);
`N.H. Rev. Stat. § 647.2 (New Hampshire); N.J. Stat. § 2C:37-1 (New Jersey); N.M. Stat. § 30-19-1
`(New Mexico); N.Y. Penal L. 225.00 (New York); Ohio Rev. Code § 2915.01 (Ohio); Or. Rev. Stat.
`§ 167.117 (Oregon); S.C. Code § 32-1-10 (South Carolina); S.D. Codified Laws § 22-25A (South
`Dakota); Tenn. Code § 39-17-501 (Tennessee); 13 V.S.A. § 2141 (Vermont); Va. Code § 18.2-325
`(Virginia); Wash. Rev. Code § 9.46.010 (Washington); W. Va. Code §61-10-5 (West Virginia).
`/ / /
`/ / /
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`950224.3
`
`
`
`6
`CLASS ACTION COMPLAINT
`
`
`
`Case 5:21-cv-01516 Document 1 Filed 03/03/21 Page 7 of 23
`
`
`
`
`25.
`In 2019, people in the United States lost approximately $3.5 billion playing “free-to-
`play” Apps like the Zynga Casino Apps.19 Despite the fact that these Zynga Casino Apps do not
`offer an opportunity to win real money or prizes, the money spent by consumers to purchase
`additional coins or chips to continue playing the Apps can lead to devastating consequences for
`those who get addicted. 20
`26.
`A study analyzing “free-to-play” casino-style Apps stated:
`
`[Researchers] found that [free-to-play] casino gamers share many similar
`sociodemographic characteristics (e.g., employment, education, income) with online
`gamblers. Given these similarities, it is perhaps not surprising that a strong predictor
`of online gambling is engagement in [free-to-play] casino games. Putting a dark line
`under these findings, over half (58.3%) of disordered gamblers who were seeking
`treatment stated that social casino games were their first experiences with gambling.
`. . .
`
`According to [another study], the purchase of virtual credits or virtual items makes
`the activity of [free-to-play] casino gaming more similar to gambling. Thus, micro-
`transactions21 may be a crucial predictor in the migration to online gambling, as these
`players have now crossed a line by paying to engage in these activities. Although,
`[sic] only 1–5% of [free-to-play] casino gamers make micro-transactions, those who
`purchase virtual credits spend an average of $78. Despite the limited numbers of
`social casino gamers purchasing virtual credits, revenues from micro-transactions
`account for 60% of all [free-to-play] casino gaming revenue. Thus, a significant
`amount of revenue is based on players’ desire to purchase virtual credits above and
`beyond what is provided to the player in seed credits.22
`
`
`19 See https://www.king5.com/article/life/wellness/social-casino-free-to-play-gambling-
`addiction-help/281-e79beef2-9ca6-4d9d-9e92-b99042f1d1cc (last accessed January 28, 2021)
`(hereinafter, “King5”).
`20 Id.
`21 “Microtransactions, often abbreviated as MTX, are a business model where users can purchase
`virtual goods with micropayments. Microtransactions are often used in free-to-play games to
`provide a revenue source for the developers.” See https://en.wikipedia.org/wiki/Microtransaction
`(last visited February 9, 2021).
`22 Hyoun S. Kim, Michael J. A. Wohl, et al., Do Social Casino Gamers Migrate to Online
`Gambling? An Assessment of Migration Rate and Potential Predictors, Journal of gambling
`studies / co-sponsored by the National Council on Problem Gambling and Institute for the Study
`of Gambling and Commercial Gaming (Nov. 14, 2014), available at
`http://link.springer.com/content/pdf/10.1007%2Fs10899-014-9511-0.pdf (citations omitted).
`
`950224.3
`
`
`
`7
`CLASS ACTION COMPLAINT
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`Case 5:21-cv-01516 Document 1 Filed 03/03/21 Page 8 of 23
`
`
`
`
`27. Most of the revenue earned from these casino-style Apps (i.e., 80-90%) is made from
`a small portion (i.e., about 3%) of their players, who are specifically targeted because of the large
`amounts they will spend.23
`28.
`Nate Halverson, a journalist with Reveal from the Center for Investigative Reporting
`
`said:
`
`They’re using artificial intelligence to target those specific players who, like [a
`woman] I reported on will spend $400,000. She didn't have $400,000.
`
`In a regular casino, they would have seen that she didn't have the income to be
`spending $400k. Further, she asked them nearly a dozen times to cut her off, told
`them she had a problem, that she couldn't stop spending. And what did they do? They
`just gave her free chips and encouraged her to keep spending. That wouldn't happen
`in a real casino. This is a wild west; this is a lawless land.24
`29.
`Governments across the world have acted to limit the availability of micro-
`transaction-based games of chance (like the Zynga Casino Apps) due to their similarity to games of
`chance found in actual casinos.25 Regrettably, such games have avoided regulation in the United
`States, resulting in thousands of consumers spending millions of dollars to become addicted to these
`unlawful games that they downloaded from Google Play, while Google earns a substantial profit.
`30.
`Since Google is responsible, in part, for the creation or development of the Zynga
`Casino Apps and provides the sole means by which Zynga can offer, distribute, and sell their Zynga
`Casino Apps to Google consumers (i.e., through Google Play), Google functions as an information
`content provider for the subject Zynga Casino Apps.
`31.
`Accordingly, Google actively enables, permits, promotes, and profits from illegal
`gambling.
`
`
`23 King5, supra note 19.
`24 Id.
`25 In late August 2014, South Korea began regulating “social gambling” games, including games
`similar to the Zynga Casino Apps, by “ban[ning] all financial transactions directed” to the games.
`PokerNews.com, Korea Shuts Down All Facebook Games In Attempt To Regulate Social
`Gambling | PokerNews, https://www.pokernews.com/news/2014/09/korea-shuts-down-facebook-
`games-19204.htm (last visited Feb. 11, 2019). Similarly, “the Maltese Lotteries and Gambling
`Authority (LGA) invited the national Parliament to regulate all digital games with prizes by the
`end of 2014.” Id.
`
`950224.3
`
`
`
`8
`CLASS ACTION COMPLAINT
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`Case 5:21-cv-01516 Document 1 Filed 03/03/21 Page 9 of 23
`
`
`
`
`The History of Civil Remedy Statutes for Recovery of Gambling Losses
`32.
`Purportedly, “[i]n the seventeenth and eighteenth centur[ies], gambling among the
`British gentry was rampant.”26 Problems were created for England’s land-based aristocracy because
`of large transfers of wealth or property related to gambling. This problem apparently led the English
`in 1710 to adopt “[a]n Act for the better preventing of excessive and deceitful gaming,” 9 Anne, ch.
`14 (1710), which is known as the Statute of Anne (named after Britain’s then reigning Queen).27
`33.
`“England’s Statute of Anne…provided for a recovery action by the losing gambler,
`or any other person on the gambler’s behalf, for gambling debts already paid.”28 It stated, in
`pertinent part, that:
`[A]ny Person . . . who shall . . . by playing at Cards, Dice, Tables, or other Game or
`Games whatsoever, or by betting on the Sides or Hands of such as do play any of the
`Games aforesaid, lose to any . . . Person . . . so playing or betting in the whole, the
`Sum or Value of ten Pounds, and shall pay or deliver the same or any Part thereof,
`the Person . . . losing and paying or delivering the same, shall be at Liberty within
`three Months then next, to sue for and recover the Money or Goods so lost, and paid
`or delivered or any Part thereof, from the respective Winner . . . thereof, with Costs
`of Suit, by Action of Debt . . . .29
`34.
`The twenty-five states at issue here – Alabama, Arkansas, Connecticut, Georgia,
`Illinois, Indiana, Kentucky, Massachusetts, Minnesota, Mississippi, Missouri, Montana, New
`Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, South Carolina, South Dakota,
`Tennessee, Vermont, Virginia, Washington, and West Virginia – have enacted civil remedy statutes
`designed to curtail excessive gambling losses based on legal principals adopted from the Statute of
`Anne.
`
`
`26 Ronald J. Rychlak, The Introduction of Casino Gambling: Public Policy and the Law, 64
`Miss. L.J. 291, 296 n.32 (1995).
`27 State of Tennessee Office of the Attorney General, Applicability of Statute of Anne Provisions
`Regarding Gambling, Opinion No. 04-046 (March 18, 2004), available at
`https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2004/op04-046.pdf (last
`visited January 28, 2021).
`28 Joseph Kelly, Caught in the Intersection Between Public Policy and Practicality: A Survey of
`the Legal Treatment of Gambling-Related Obligations in the United States, 5 Chap. L. Rev. 87
`(2002).
`29 An Act for the Better Preventing of Excessive and Deceitful Gaming, 1710, 9 Ann. c. 14, § 2
`(Eng.).
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`950224.3
`
`
`
`9
`CLASS ACTION COMPLAINT
`
`
`
`Case 5:21-cv-01516 Document 1 Filed 03/03/21 Page 10 of 23
`
`
`
`
`35.
`These states have similar statutes that prohibit profiting from unlawful gambling
`activity and provide a statutory civil cause of action to recover money paid and lost due to gambling:
`Ala. Code § 8-1-150; Ark. Code Ann. § 16-118-103; Conn. Gen. Stat. § 52-554; OCGA § 13-8-3;
`720 ILCS 5/28-8; IC 34-16-1-2; KRS 372.020; Mass. Gen. Laws ch. 137, § 1; MN ST § 541.20;
`MS ST § 87-1-5; Mo. Rev. Stat. § 434.030; MT Code § 23-5-131; N.H. Rev. Stat. § 338:3; N.J. Stat.
`§ 2A:40-5; N.M. Stat. § 44-5-1; N.Y. Gen. Oblig. Law §§ 5-419, 5-421; Ohio Rev. Code § 3763.02;
`Or. Rev. Stat. § 30.740; S.C. Code § 32-1-10; S.D. Codified Laws § 21-6-1; Tenn. Code § 28-3-
`106; 9 V.S.A. § 3981; Va. Code § 11-15; Wash. Rev. Code § 4.24.070; and W. Va. Code § 55-9-3
`(“Civil Remedy Statutes for Recovery of Gambling Losses”).
`Facts Specific to Plaintiff
`36.
`In or about February 2017, Plaintiff downloaded a Zynga Casino App, Willy Wonka
`Slots, on his Android device from Google Play. Plaintiff initially played Willy Wonka Slots for
`free, but eventually purchased coins through in-app purchases (paid directly to Google) so he could
`continue playing. Plaintiff purchased coins in various increments on multiple occasions. In the
`three (3) months prior to the filing of this Complaint, Plaintiff paid approximately $160.00 in coin
`purchases to Google to continue playing Willy Wonka Slots.
`37.
`Accordingly, Plaintiff, on behalf of himself and all others similarly situated, seeks to
`recover money paid and lost due to gambling on the Zynga Casino Apps pursuant to state law, as
`set forth herein.
`
`CLASS ACTION ALLEGATIONS
`38.
`Pursuant to the provisions of Rules 23(a), (b)(2), and (b)(3) of the Federal Rules of
`Civil Procedure, Plaintiff brings this action on behalf of himself and the following Multistate Class
`and State Classes (collectively “Class”):
`Multistate Class:
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Alabama, Arkansas, Connecticut, Georgia, Illinois, Indiana, Kentucky,
`Massachusetts, Minnesota, Mississippi, Missouri, Montana, New Hampshire, New
`Jersey, New Mexico, New York, Ohio, Oregon, South Carolina, South Dakota,
`Tennessee, Vermont, Virginia, Washington, and West Virginia.
`
`
`
`
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`950224.3
`
`
`
`10
`CLASS ACTION COMPLAINT
`
`
`
`Case 5:21-cv-01516 Document 1 Filed 03/03/21 Page 11 of 23
`
`
`
`
`Alabama State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Alabama.
`Arkansas State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Arkansas.
`Connecticut State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Connecticut.
`Georgia State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Georgia.
`Illinois State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Illinois.
`Indiana State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Indiana.
`Kentucky State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Kentucky.
`Massachusetts State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Massachusetts.
`Minnesota State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Minnesota.
`Mississippi State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Mississippi.
`
`/ / /
`/ / /
`
`950224.3
`
`
`
`11
`CLASS ACTION COMPLAINT
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`Case 5:21-cv-01516 Document 1 Filed 03/03/21 Page 12 of 23
`
`Montana State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Montana.
`New Hampshire State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in New Hampshire.
`New Jersey State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in New Jersey.
`New Mexico State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in New Mexico.
`New York State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in New York.
`Ohio State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Ohio.
`Oregon State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Oregon.
`South Carolina State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in South Carolina.
`South Dakota State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in South Dakota.
`Tennessee State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Tennessee.
`
`Vermont State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`
`
`
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`950224.3
`
`
`
`12
`CLASS ACTION COMPLAINT
`
`
`
`Case 5:21-cv-01516 Document 1 Filed 03/03/21 Page 13 of 23
`
`
`
`
`and reside in Vermont.
`Virginia State Class:
`
`
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Virginia.
`Washington State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in Washington.
`West Virginia State Class:
`
`All persons who paid money to Google for coins to wager on the Zynga Casino Apps
`and reside in West Virginia.
`
`39.
`Excluded from the Class are Zynga and its officers, directors, legal representatives,
`successors, subsidiaries, and assigns; Google itself, any entity in which Google has controlling
`interests, and Google’s officers, directors, legal representatives, successors, subsidiaries, and
`assigns; and any judicial officer presiding over this matter, members of their immediate family,
`members of their judicial staff, and any judge sitting in the presiding court system who may hear an
`appeal of any judgment entered.
`40.
`Certification of Plaintiff’s claims for classwide treatment is appropriate because
`Plaintiff can prove the elements of his claims on a classwide basis using the same evidence as would
`be used to prove those elements in individual actions asserting the same claims.
`41.
`This action has been brought and may be properly maintained on behalf of the
`Multistate and/or State Classes proposed herein under Rule 23 of the Federal Rule of Civil Procedure
`and satisfies the numerosity, commonality, typicality, adequacy, predominance, and superiority
`requirements of its provisions.
`42.
`Plaintiff reserves the right to amend the Multistate and State Class definitions based
`on information learned through discovery.
`Numerosity. Fed. R. Civ. P. 23(a)(1). Consistent with Rule 23(a)(1), the members
`43.
`of the Class are so numerous and geographically dispersed that the joinder of all members is
`impractical. While the exact number of class members is unknown to Plaintiff at this time, there
`are millions of reviews for some Gambling Apps, suggesting that at least hundreds of thousands of
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`950224.3
`
`
`
`13
`CLASS ACTION COMPLAINT
`
`
`
`Case 5:21-cv-01516 Document 1 Filed 03/03/21 Page 14 of 23
`
`
`
`people have downloaded and played the subject Zynga Gambling Apps. The members of the Class
`can be readily identified through Google’s records.
`Commonality and Predominance. Fed. R. Civ. P. 23(a)(2) and (b)(3). This action
`44.
`involves common questions of law and fact that predominate over any questions affecting individual
`Class members. The common questions include, but are not limited to:
`a.
`Whether Defendants engaged in the conduct alleged herein;
`b.
`Whether these virtually identical Zynga Casino Apps offered and distributed
`by Google for download and for sale of in-app purchases through Defendants’ Google Play violate
`the Civil Remedy Statutes for Recovery of Gambling Losses;
`c.
`Whether gambling for additional playtime constitutes a thing of value under
`the Civil Remedy Statutes for Recovery of Gambling Losses;
`d.
`Whether Defendants violated the Civil Remedy Statutes for Recovery of
`Gambling Losses through their active participation in the promotion and sale of in-app purchases
`through Google Play;
`e.
`Whether Plaintiff and the Class members are entitled to recover the money
`they lost on the Zynga Casino Apps under the Civil Remedy Statutes for Recovery of Gambling
`Losses;
`
`f.
`
`Whether Defendants have been unjustly enriched under applicable state laws;
`
`and
`
`g.
`Such other common factual and legal issues as are apparent from the
`allegations and causes of action asserted in the Complaint.
`Typicality. Fed. R. Civ. P. 23(a)(3). Plaintiff’s claims are typical of other Class
`45.
`members’ claims because Plaintiff and Class members were subjected to the same allegedly
`unlawful conduct and damaged in the same way, i.e., they all lost money to Google in an effort to
`win additional playtime on the Zynga Casino Apps.
`Adequacy. Fed. R. Civ. P. 23(a)(4). Consistent with Rule 23(a)(4), Plaintiff will
`46.
`fairly and adequately represent the Class. Plaintiff has the best interests of the members of the Class
`in mind. Plaintiff has no conflicts of interest with the Class. Plaintiff’s counsel are competent and
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`950224.3
`
`
`
`14
`CLASS ACTION COMPLAINT
`
`
`
`Case 5:21-cv-01516 Document 1 Filed 03/03/21 Page 15 of 23
`
`
`
`experienced in litigating class actions, including extensive experience in consumer protection
`claims. Plaintiff intends to vigorously prosecute this case.