Case 5:21-cv-01589 Document 1 Filed 03/05/21 Page 1 of 24
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`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
`FRANCES LONG, on behalf of herself and
`CASE NO.
`
`all others similarly situated,
`CLASS ACTION COMPLAINT
`
` Plaintiff,
`
`
`
`DEMAND FOR JURY TRIAL
`v.
`
`GOOGLE, LLC and GOOGLE
`PAYMENT CORP.,
`
` Defendants.
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`Case 5:21-cv-01589 Document 1 Filed 03/05/21 Page 2 of 24
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`Plaintiff Frances Long (“Plaintiff”), on behalf of herself and all other persons similarly
`situated, and through her 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 herself, 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 DoubleU Games Co., Ltd. (“DoubleU Games”) 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 Frances Long is an adult citizen and resident of the state of Missouri.
`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
`
`
`1 See https://android-developers.googleblog.com/2020/09/listening-to-developer-feedback-
`to.html (last visited March 2, 2021).
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`$5,000,000 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
`Defendant.
`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
`
`
`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).
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`major events. These collections are curated automatically as well as by the Google Play editorial
`team.5
`
`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
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`through Google Play must pay money directly to Google (through GPC), which provides the
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`payment interface.9 Google consumers must register a valid method of payment to make payments
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`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
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`Google Play must use Google Play’s billing system as the method of payment if they offer in-app
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`purchases of digital goods, and to pay a service fee from a percentage of the purchase.11 Google
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`is contractually obligated to these App developers to facilitate a transaction between the developers
`
`
`5 See https://developer.android.com/distribute/google-play (last visited January 28, 2021).
`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).
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`and end users, for which it earns a commission.12 Specifically, Google retains a service fee from
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`sales of Apps and in-app purchases offered through Google Play equivalent to 30% of the payment.
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`The developer, here, DoubleU Games, receives 70% of the payment.13
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`16.
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`The Apps referenced herein could not be downloaded by Google consumers, and
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`Google consumers would not be able to make in-app purchases in these Apps, without Google’s
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`offering and distributing of the Apps (and selling of coins through in-app purchases) through
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`Google Play.
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`17.
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`Google also provides marketing guidance, tools, promotional offers, and more to
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`help drive discovery of Apps and in-app purchases.14 For example, Google offers App Campaigns
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`to promote Apps through Google Play and ensure that developers’ Apps are shown to consumers
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`who are most likely to drive the Apps’ business by optimizing installations and engagement.15
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`18.
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`In fact, Google even advises developers that it may “run promotional activities
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`offering coupons, credits, and/or other promotional incentives for paid transactions and/or user
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`actions for Your Products and in-app transactions solely in connection with Google Play
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`promotions and, for gift card promotions, also on Google authorized third-party channels.”16
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`Notably, these promotional activities, which are aimed at increasing in-app purchases and increase
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`Google’s profits, are provided by Google to developers free of charge.17
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`19.
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`Google and DoubleU Games are both responsible for the creation or development
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`of the Apps at issue here. Google reassures its developers that they will work together as a team:
`
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`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).
`14 See https://ads.google.com/home/campaigns/app-ads/ (last accessed February 10, 2021).
`15 See id.
`16 https://play.google.com/about/developer-distribution-agreement.html (last visited February 10,
`2021).
`17 See id.
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`“Your innovation is what drives our shared success, but with it comes responsibility. These
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`Developer Program Policies, along with the Developer Distribution Agreement, ensure that
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`together we continue to deliver the world’s most innovative and trusted apps to over a billion
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`people through Google Play….”18
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`Casino-Style Apps Offered Through Google Play
`Google permits and facilitates illegal gambling by operating as an unlicensed
`
`20.
`casino.
`21.
`Google sells, offers, and distributes several free-to-play casino-style games (i.e.,
`slot machines and casino-style table games) developed by DoubleU Games through Google Play
`for consumers to download and play, including DoubleU Casino, Take 5 Slots, Hello Vegas Slots,
`and DoubleU Bingo (“DoubleU Games Apps”).
`22. When a consumer downloads and initially opens one of DoubleU Games Apps, the
`consumer is given free “coins” or “chips” to start with, i.e., 100,000 or 1,000,000, to play the game.
`The DoubleU Games 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 §
`
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`18 See https://support.google.com/googleplay/android-developer/topic/9858052?hl=en (last
`visited February 10, 2021).
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`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).
`25.
`In 2019, people in the United States lost approximately $3.5 billion playing “free-
`to-play” Apps like the DoubleU Games Apps.19 Despite the fact that these DoubleU Games 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
`
`19 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 See 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).
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`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
`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 DoubleU Games 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
`
`
`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).
`23 King5, supra note 19.
`24 Id.
`25 In late August 2014, South Korea began regulating “social gambling” games, including
`games similar to the DoubleU Games 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.
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`these unlawful games that they downloaded from Google Play, while Google earns a substantial
`profit.
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`30.
`Since Google is responsible, in part, for the creation or development of the DoubleU
`Games Apps and provides the sole means by which DoubleU Games can offer, distribute, and sell
`its DoubleU Games Apps to Google consumers (i.e., through Google Play), Google functions as
`an information content provider for the subject DoubleU Games Apps.
`31.
`Accordingly, Google actively enables, permits, promotes, and profits from illegal
`gambling.
`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
`
`
`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).
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`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.
`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 around 2013, Plaintiff downloaded one of DoubleU Games Apps, DoubleU
`Casino, on her Android devices from Google Play. Plaintiff initially played DoubleU Casino
`games for free, but eventually purchased coins through in-app purchases (paid directly to Google)
`so she could continue playing. Plaintiff purchased coins in increments of between $39.99 and
`$99.99 on multiple occasions. One week prior to filing of this Complaint, Plaintiff made a $59.99
`coin purchase to Google to continue playing DoubleU Casino games.
`
`
`29 An Act for the Better Preventing of Excessive and Deceitful Gaming, 1710, 9 Ann. c. 14, § 2
`(Eng.).
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`37.
`Accordingly, Plaintiff, on behalf of herself and all others similarly situated, seeks
`to recover money paid and lost due to gambling on the DoubleU Games Apps pursuant to state
`law, as set forth herein.
`
`
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`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 herself and the following Multistate Class
`and State Classes (collectively “Class”):
`Multistate Class:
`All persons who paid money to Google for coins to wager on one of the DoubleU
`Games 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.
`
`Alabama State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Alabama.
`Arkansas State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Arkansas.
`Connecticut State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Connecticut.
`Georgia State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Georgia.
`Illinois State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Illinois.
`Indiana State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Indiana.
`
`
`
`950512.1
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`Case 5:21-cv-01589 Document 1 Filed 03/05/21 Page 12 of 24
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`Kentucky State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Kentucky.
`Massachusetts State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Massachusetts.
`Minnesota State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Minnesota.
`Mississippi State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Mississippi.
`Montana State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Montana.
`New Hampshire State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in New Hampshire.
`New Jersey State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in New Jersey.
`New Mexico State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in New Mexico.
`New York State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in New York.
`Ohio State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Ohio.
`
`/ / /
`
`/ / /
`950512.1
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`CLASS ACTION COMPLAINT
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`Case 5:21-cv-01589 Document 1 Filed 03/05/21 Page 13 of 24
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`Oregon State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Oregon.
`South Carolina State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in South Carolina.
`South Dakota State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in South Dakota.
`Tennessee State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Tennessee.
`
`Vermont State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Vermont.
`Virginia State Class:
`
`
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Virginia.
`Washington State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in Washington.
`West Virginia State Class:
`
`All persons who paid money to Google for coins to wager on the DoubleU Games
`Apps and reside in West Virginia.
`
`39.
`Excluded from the Class are DoubleU Games 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.
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`Case 5:21-cv-01589 Document 1 Filed 03/05/21 Page 14 of 24
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`40.
`Certification of Plaintiff’s claims for classwide treatment is appropriate because
`Plaintiff can prove the elements of her claims on a classwide basis using the same evidence as
`would be used to prove those elements in an individual action 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 people have downloaded and played the subject DoubleU Games 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
`44.
`action 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 DoubleU Games 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;
`
`950512.1
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`Case 5:21-cv-01589 Document 1 Filed 03/05/21 Page 15 of 24
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`e.
`Whether Plaintiff and the Class members are entitled to recover the money
`they lost on the DoubleU Games 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 DoubleU Games 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 experienced in litigating class actions, including extensive experience in consumer
`protection claims. Plaintiff intends to vigorously prosecute this