Class Action Gambling Lawsuit Against Zynga

The Parties

Plaintiff: Tonda Ferrando and Dex Marzano

Plaintiff’s Firm: Edelson PC

Defendant: Zynga, Inc.

The Big Picture

Following the $155 Million Big Fish Casino settlement, a new class-action suit was filed against Zynga for illegal gambling.

The Case

On February 25, 2022 plaintiffs filed suit against Zynga in the Western District of Washington for violations of Washington gambling and consumer protection statutes (Revised Code of Washington 4.24.070 and 19.86.010) based on Zynga’s operation of various slot machine like games. In particular, plaintiffs allege that the games are illegal gambling in part due to the virtual chips that can be purchased or won are things of value because they extend gameplay. As plaintiffs note, the Ninth Circuit in Kater v. Churchill Downs (which the Big Fish Casino settlement resulted from) held that the virtual chips in that case were things of value pursuant to Washington’s gambling definition because they extended gameplay.

We’ll be keeping an eye on this case.