`
`Case 5:21-cv-02100 Document 1 Filed 03/25/21 Page 1 of 26
`
`
`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
`
`
`
`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
`SAN JOSE DIVISION
`JENNIFER ANDREWS and JOHN SARLEY,
`Case No. _________________
`individually and on behalf of all others
`
`CLASS ACTION COMPLAINT
`similarly situated,
`
`JURY DEMAND
`
`v.
`
`GOOGLE LLC, a Delaware limited liability
`company,
`
`
`
`
`
`Plaintiffs,
`
`Defendant.
`
`
`Plaintiffs Jennifer Andrews and John Sarley, individually and on behalf of a proposed
`class, bring this Class Action Complaint against Google LLC seeking restitution, damages, an
`injunction, and other appropriate relief from Google’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
`
`CLASS ACTION COMPLAINT
`
`
`
`1
`
`Case No. __________________
`
`
`
`Case 5:21-cv-02100 Document 1 Filed 03/25/21 Page 2 of 26
`Case 5:21-cv-02100 Document 1 Filed 03/25/21 Page 2 of 26
`
`browsers, that make the “authentic Vegas-style”1 experience of slot machine gambling available
`
`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 Google, Facebook, and Apple (the “Platforms”), have found a way to smuggle slot
`
`machines into the homes of consumers nationwide, twenty-four hours a day and three-hundred-
`
`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 machine 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
`
`more slot machine “spinning.”
`
`Figure 1
`
`Figure 2
`
`$2533
`i
`i
`
`5
`
`..
`
`i
`
`'
`
`’
`
`1
`
`.
`
`,
`xgflhwuamcmrmu,
`.1
`(1,1152 KAV'L.,MJ.,- :2
`
`nnmu an
`
`1 ng,
`
`(D
`
`MC U
`
`1
`
`fl 2,000,000,009 1:
`
`(1
`
`fl 1,000,009,ng 3
`
`400,000,033 9
`“ .1001,
`
`140,000,030 9
`—
`.901!
`
`'
`48,009,990 °
`
`$499.99
`
`$249.99
`
`599.99
`
`$59.99
`
`$39.99
`
`DoubleDown Interactive Co., Ltd., Form F-l/A at 87 (June 30, 2020),
`1
`https://bit.ly/2QqLW6v.
`
`This term is a misnomer. It refers to a business model by which the initial download of
`2
`the game is free, but companies reap huge profits by selling “in-game” items (known generally
`as “in-app purchases”).
`
`
`CLASS ACTION COMPLAINT
`
`2
`
`Case No.
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`Case 5:21-cv-02100 Document 1 Filed 03/25/21 Page 3 of 26
`
`
`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
`
`
`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
`traditional slot machines with the power of the Platforms, including Defendant Google, 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 Google 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, Google (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. Google’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
`
`
`See, e.g., How social casinos leverage Facebook user data to target vulnerable gamblers,
`3
`PBS NEWS HOUR (Aug. 13, 2019), https://bit.ly/3tSHqMI.
`4
`SciPlay Net Income Skyrockets 127 Percent, as Social Gaming Embraced by Americans
`Sheltered at Home, CASINO.ORG, https://bit.ly/3fbn793.
`3
`CLASS ACTION COMPLAINT
`
`
`Case No. __________________
`
`
`
`
`
`Case 5:21-cv-02100 Document 1 Filed 03/25/21 Page 4 of 26
`
`
`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
`
`
`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
`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
`4
`CLASS ACTION COMPLAINT
`
`Case No. __________________
`
`
`
`
`
`Case 5:21-cv-02100 Document 1 Filed 03/25/21 Page 5 of 26
`
`
`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
`
`
`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 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 Google, 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 intellectual property
`to DoubleDown); and—as particularly relevant here—the remaining $100 million to Google 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, Google and
`the other Platforms continue to maintain a sizable (30%) financial interest by hosting the game,
`
`CLASS ACTION COMPLAINT
`
`
`
`5
`
`Case No. __________________
`
`
`
`
`
`Case 5:21-cv-02100 Document 1 Filed 03/25/21 Page 6 of 26
`
`
`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
`
`
`driving customers to it, and acting as the bank.
`16.
`As such, DoubleDown, Google, and the other Platforms are all liable as co-
`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, Google and the other Platforms—alongside the Illegal Slot
`companies—are liable as co-conspirators to an illegal gambling conspiracy.
`18.
`Defendant Google, 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 Google, Apple, 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 Google 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 Jennifer Andrews is a natural person and a citizen of the State of
`
`22.
`Minnesota.
`23.
`Plaintiff John Sarley is a natural person and a citizen of the State of California.
`24.
`Defendant Google LLC is a corporation existing under the laws of the State of
`Delaware, with its principal place of business located at 1600 Amphitheatre Parkway, Mountain
`
`CLASS ACTION COMPLAINT
`
`
`
`6
`
`Case No. __________________
`
`
`
`
`
`Case 5:21-cv-02100 Document 1 Filed 03/25/21 Page 7 of 26
`
`
`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
`
`
`View, California 94043. Google develops, markets and distributes the Google Android Operating
`System (OS), an open-source operating system for mobile devices. Google owns and operates
`the Google Play Store, which comes preinstalled on every Android device.
`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
`
`I.
`
`
`
`CLASS ACTION COMPLAINT
`
`
`
`7
`
`Case No. __________________
`
`
`
`
`
`Case 5:21-cv-02100 Document 1 Filed 03/25/21 Page 8 of 26
`
`
`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
`
`
`machines. After two years of subsequent litigation, the parties in Kater reached a $155 million
`nationwide class action settlement. The settlement was finally approved in 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 DoubleDown
`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. Google Hosts and Facilitates At Least Fifty Illegal Social Casinos.
`37.
`The Platforms, including Defendant Google, have directly assisted in creating the
`unregulated market of virtual casino games from the outset of the industry.
`38.
`Before gaining access to these social media platforms, the Illegal Slots used
`
`
`Settlements in two related cases were also finally approved in February 2021. Three more
`5
`related cases are being litigated in Washington, against the owners and operators of certain social
`casino games. See Wilson v. Huuuge, Inc., 351 F. Supp. 3d 1308, 1316 (W.D. Wash. Nov. 13,
`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, 2018 WL 6620485, at *4 (W.D.
`Wash. Dec. 18, 2018) (in litigation); Wilson v. PTT, LLC, 351 F. Supp. 3d 1325, 1337 (W.D.
`Wash. Dec. 14, 2018) (same); and 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 (Jan. 12, 2012), https://bit.ly/3sk0nYf [emphasis added].
`
`CLASS ACTION COMPLAINT
`
`
`
`8
`
`Case No. __________________
`
`
`
`
`
`Case 5:21-cv-02100 Document 1 Filed 03/25/21 Page 9 of 26
`
`
`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
`
`
`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. DoubleDown 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.
`….
`
`
`We continuously gather and analyze detailed customer play behavior and
`assess this data in relation to our judgments used for revenue recognition.7
`
`DoubleDown Interactive Co., Ltd., Form F-1/A at 16, 72, 85, 91 (June 30, 2020),
`7
`https://bit.ly/2QqLW6v.
`
`CLASS ACTION COMPLAINT
`
`
`
`9
`
`Case No. __________________
`
`
`
`
`
`Case 5:21-cv-02100 Document 1 Filed 03/25/21 Page 10 of 26
`
`
`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
`
`
`40.
`By moving to online platforms for marketing, distribution, and payment
`processing, Defendant Google 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, Google 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 Google Play Store, developers must submit their
`app for review. In this process, Google 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 Google’s discretion for violating its policies
`and can be audited at any time.
`42.
`Google closely monitors its gambling liability by responding to the changing
`market landscape when it deems necessary. For example, in response to the FTC’s increasing
`consumer protection concerns around gambling in 2018, Google changed its policies for loot
`boxes, requiring games with that feature to “disclose the odds of receiving those items in
`advance of purchase.”8 Google likewise heavily regulates advertising in its system that involves
`gambling, stating “[w]e support responsible gambling advertising and abide by local gambling
`laws and industry standards.”9
`43.
`As such, Google, and the Platforms, through their app review process, are keenly
`aware of the illegal and deceptive nature of the Illegal Slots. Google 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.
`
`
`
`Mariella Moon, Google Will Force Android Apps to Show the Odds of Getting Loot Box
`8
`Items, ENGADGET (May 30, 2019), https://engt.co/31hmCCk.
`9
`Gambling and Games, Google Advertising Policies, https://bit.ly/3d3nsI7 [emphasis
`added].
`
`CLASS ACTION COMPLAINT
`
`
`
`10
`
`Case No. __________________
`
`
`
`
`
`Case 5:21-cv-02100 Document 1 Filed 03/25/21 Page 11 of 26
`
`
`A.
`The Illegal Slots
`Each of the following fifty social casinos offered by Google (together the “Illegal
`45.
`Slots”) is an illegal slot machine under California law.10
`
`Figure 4 – The Illegal Slots
`
`Google Play URL
`https://play.google.com/store/apps/details?id=air.com.playtika.
`slotomania
`
`# Game Title
`1 Slotomania Free
`Slots: Casino Slot
`Machine Games
`2 Jackpot Party
`Casino Games: Spin
`Free Casino Slots
`3 Cash Frenzy Casino
`- Free Slots Games
`4 Cashman Casino:
`Casino Slots
`Machines! 2M Free!
`5 Huuuge Casino
`Slots - Best Slot
`Machines
`6 Vegas Slots -
`DoubleDown
`Casino
`7 POP! Slots - Play
`Vegas Casino Slot
`Machines!
`8 House of Fun: Free
`Slots & Casino Slots
`Machines
`9 Lotsa Slots - Free
`Vegas Casino Slot
`Machines
`10 DoubleU Casino -
`Free Slots
`11 Slots: Heart of
`Vegas- Free Casino
`Slots Games
`12 Lightning Link
`Casino: Best Vegas
`Casino Slots!
`13 Caesars Casino:
`Casino & Slots For
`Free
`14 Quick Hit Casino
`Games - Free
`Casino Slots Games
`
`https://play.google.com/store/apps/details?id=com.williamsint
`eractive.jackpotparty
`
`https://play.google.com/store/apps/details?id=slots.pcg.casino.
`games.free.android
`https://play.google.com/store/apps/details?id=com.productmad
`ness.cashmancasino
`
`https://play.google.com/store/apps/details?id=com.huuuge.casi
`no.slots
`
`https://play.google.com/store/apps/details?id=com.ddi
`
`https://play.google.com/store/apps/details?id=com.playstudios.
`popslots
`
`https://play.google.com/store/apps/details?id=com.pacificinter
`active.HouseOfFun
`
`https://play.google.com/store/apps/details?id=com.diamondlife
`.slots.vegas.free
`
`https://play.google.com/store/apps/details?id=com.doubleuga
`mes.DoubleUCasino
`https://play.google.com/store/apps/details?id=com.productmad
`ness.hovmobile
`
`https://play.google.com/store/apps/details?id=com.productmad
`ness.lightninglink
`
`https://play.google.com/store/apps/details?id=com.playtika.cae
`sarscasino
`
`https://play.google.com/store/apps/details?id=com.ballytechno
`logies.quickhitslots
`
`
`For the Court’s convenience, a Samsung Galaxy Tablet containing Google-based
`10
`versions of the Illegal Slots will be lodged with the Court as Exhibit 6. Upon request from
`Google’s appearing counsel, a copy of the Tablet will be produced to Google.
`
`CLASS ACTION COMPLAINT
`
`
`
`11
`
`Case No. __________________
`
`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-02100 Document 1 Filed 03/25/21 Page 12 of 26
`
`
`15 Hit it Rich! Lucky
`Vegas Casino Slot
`Machine Game
`16 Billionaire Casino
`Slots - The Best Slot
`Machines
`17 Wizard of Oz Free
`Slots Casino
`18 Gold Fish Casino
`Slots - FREE Slot
`Machine Games
`19 Jackpot World -
`Free Vegas Casino
`Slots
`20 Scatter Slots- Las
`Vegas Casino Game
`777 Online
`21 Game of Thrones
`Slots Casino - Slot
`Machine Games
`22 myVEGAS Slots:
`Las Vegas Casino
`Games & Slots
`23 my KONAMI Slots
`- Casino Games &
`Fun Slot Machines
`24 Cash Tornado Slots
`- Vegas Casino Slots
`25 Club Vegas 2021:
`New Slots Games &
`Casino bonuses
`26 Bingo Pop - Live
`Multiplayer Bingo
`Games for Free
`27 MONOPOLY Slots
`Free Slot Machines
`& Casino Games
`28 Slots (Golden
`HoYeah) - Casino
`Slots
`29 GSN Casino: New
`Slots and Casino
`Games
`30 Vegas Live Slots:
`Free Casino Slot
`Machine Games
`31 Willy Wonka Free
`Slots Casino
`32 88 Fortunes Casino
`Games & Free Slot
`Machine Games
`33 Classic Slots - Free
`Casino Games &
`Slot Machines
`
`https://play.google.com/store/apps/details?id=com.zynga.hititri
`ch
`
`https://play.google.com/store/apps/details?id=com.huuuge.casi
`no.texas
`
`https://play.google.com/store/apps/details?id=com.zynga.wizar
`dofoz
`https://play.google.com/store/apps/details?id=com.williamsint
`eractive.goldfish
`
`https://play.google.com/store/apps/details?id=com.grandegame
`s.slots.dafu.casino
`
`https://play.google.com/store/apps/details?id=com.murka.scatt
`erslots
`
`https://play.google.com/store/apps/details?id=com.zynga.gotsl
`ots
`
`https://play.google.com/store/apps/details?id=com.playstudios.
`myvegas
`
`https://play.google.com/store/apps/details?id=com.playstudios.
`mykonami
`
`https://play.google.com/store/apps/details?id=com.topultragam
`e.slotlasvega
`https://play.google.com/store/apps/details?id=com.bagelcode.s
`lots1
`
`https://play.google.com/store/apps/details?id=com.uken.Bingo
`Pop
`
`https://play.google.com/store/apps/details?id=com.scientificga
`mes.monopolyslots
`
`https://play.google.com/store/apps/details?id=com.igs.fafafa
`
`https://play.google.com/store/apps/details?id=com.gsn.android
`.casino
`
`https://play.google.com/store/apps/details?id=com.purplekiwii.
`vegaslive
`
`https://play.google.com/store/apps/details?id=com.zynga.wonk
`a
`https://play.google.com/store/apps/details?id=com.ballytechno
`logies.f88
`
`https://play.google.com/store/apps/details?id=com.aaagame.aa
`acasino
`
`CLASS ACTION COMPLAINT
`
`
`
`12
`
`Case No. __________________
`
`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-02100 Document 1 Filed 03/25/21 Page 13 of 26
`
`
`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
`
`
`34 Jackpot Slot
`Machines - Slots Era
`Vegas Casino
`35 Bingo Journey -
`Lucky & Fun
`Casino Bingo
`Games
`36 Vegas Friends -
`Casino Slots for
`Free
`37 Cashmania Slots
`2021- Free Vegas
`Casino Slot Game
`38 Tycoon Casino Free
`Slots: Vegas Slot
`Machine Games
`39 Hot Shot Casino
`Free Slots Games:
`Real Vegas Slots
`40 Jackpot Crush - Free
`Vegas Slot
`Machines
`41 High 5 Casino: The
`Home of Fun &
`Free Vegas Slots
`42 Neverland Casino
`Slots - Free Slots
`Games
`43 Double Win Casino
`Slots - Free Video
`Slots Games
`44 Ignite Classic Slots
`
`45 Rock N’ Cash
`Casino Slots - Free
`Vegas Slot Games
`46 Huge Win Slots –
`Free Slots Games
`47 Casino Slots
`DoubleDown Fort
`Knox Free Vegas
`Games
`48 Baba Wild Slots -
`Slot machines
`Vegas Casino
`Games
`49 Epic Jackpot Slots -
`Free Vegas Casino
`Games
`50 VegasStar Casino -
`FREE Slots
`
`https://play.google.com/store/apps/details?id=com.murka.slots
`era
`
`https://play.google.com/store/apps/details?id=com.bingo.scape
`.android.free
`
`https://play.google.com/store/apps/details?id=com.funtriolimit
`ed.slots.casino.free
`
`https://play.google.com/store/apps/details?id=com.zealgames.c
`ashmania&hl=en_US&gl=US
`
`https://play.google.com/store/apps/details?id=com.tw.tycoon.