European Gaming News
Four gaming companies hit with online gambling lawsuits over ‘free-to-play’ casino games
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A spate of lawsuits filed over the last few days target online gaming companies, alleging their digital casino offerings constitute illegal gambling under Washington state law.
These lawsuits follow a ruling last month from a federal appeals court that found Big Fish Games’ casino games violate Washington state law governing online gambling. The latest lawsuits, four in total filed late last week and early this week, target “free-to-play” casino games from Huuuge Games, DoubleDown Interactive, High 5 Games and Playtika.
Each company offers a series of games typically found in casinos, like slots, blackjack and roulette, that use virtual chips. The chips have no monetary value themselves, but players can only play as long as they have chips. If they run out, they have to wait until the game offers more free chips or they can buy hundreds of thousands of chips for a couple bucks and jump back in.
These cases, along with the Big Fish case that preceded them, could have major implications for the casual games market. A lot of popular games today use in-app purchases as a revenue driver, and it appears there is a burgeoning backlash against that.
The suits, filed in U.S. District Court in Seattle and Tacoma, use similar language and arguments in their filings. Three are from the same plaintiff, and the same law firm and lawyers — Janissa A. Strabuk and Cecily C. Shiel of Seattle-based Tousley Brain Stephens — lead the legal teams in the lawsuits.
We’ve reached out to the companies and lawyers involved in the lawsuits and will update this story if we hear back.
The suits center around the same arguments as the Big Fish case. They allege that the chips, though they are not worth any money on their own, represent “something of value,” a vague clause within Washington state law governing gambling. The chips have value, the suits argue, because they are vital to continue playing the game.
“Double Down Casino games are illegal gambling games because they are online games at which players wager things of value (the chips) and by an element of chance (e.g., by spinning an online slot machine) are able to obtain additional entertainment and extend gameplay (by winning additional chips),” according to one of the suits.
The plaintiffs seek class action status for their lawsuits. They are also asking that the gaming companies be barred from “continuing the challenged conduct” and for damages.
Sean Wilson, the plaintiff in three of the lawsuits claims to have spent only about $20 on chips for casino games from Huuuge, High 5 and Playtika. Plaintiff Adrienne Benson claims to have lost about $1,000 on DoubleDown games.
Casual games like the casino offerings are big business. The lawsuits cite a figure from JP Morgan saying that these free “games of chance generated over $3.8 billion in worldwide revenue,” in 2016, with expected growth of 10 percent annually.
Online gambling lawsuits are fairly common, from small mobile game-makers to gaming giants like Valve. The game companies have come out victorious in past cases, but the Big Fish ruling last month was an exception.
That broad “something of value” phrase in Washington law made the difference in the Big Fish case. There are no federal laws governing online gambling, meaning each case is subject to a different set of state laws.
“The similarity between micro-transaction based games of chance and games of chance found in casinos has caused governments across the world to intervene to limit their availability,” according to one of the lawsuits. “Unfortunately, such games have eluded regulation in the United States. As a result, and as described below, Defendant’s Huuuge Casino has thrived and thousands of consumers have spent millions of dollars unwittingly playing Defendant’s unlawful games of chance.”
The Big Fish case still has a long way to go before it’s settled, but it appears that the floodgates have opened for people to challenge mobile gaming companies under Washington law. Only one of the gaming companies named in the suit has a Washington presence.
Venkat Balasubramani, an attorney at Focal PLLC who is not involved in any of these cases but is representing gamers in a California case focused on violations of false advertising and consumer laws, told GeekWire following the Big Fish ruling last month that the lack of federal laws throws a wrench into this online gambling debate.
“The fact that it’s state law is a wrinkle because it’s not easy for Washington to reach outside its borders and enforce Washington law against foreign companies,” Balasubramani said. “That’s always a tricky issue in the legal arena.”
Source: geekwire.com
Source: European Gaming News
European Gaming News
Could the Gambling Commission ban wagering requirements?
Wagering requirements; whether you love them or hate them, with the Gambling Review well underway, there’s never been a better time to debate if they still have a place in modern gambling and whether the upcoming review will ban them once and for all. But first, let’s look at their development and why they are a contentious issue in the industry.
What are wagering requirements?
Wagering requirements are a common term and condition attached to a bonus that prevents players from taking a promotion and withdrawing it immediately. They are applied differently by each gambling brand. Some, like PlayOJO, Paddy Power, MrQ and Betfair, have revolutionised the casino scene by offering no wagering bonuses. In contrast, others take the predatory route and list bonuses with up to 100x requirements (the average is around 30x).
The requirement is the amount a player must wager at the casino before any winnings made with a bonus are valid for withdrawal. In the case of a £100 bonus, a 30x requirement would mean a player must wager a total of 100×30=£3,000 before they could withdraw any winnings. Most players would easily decimate their winnings before fulfilling the condition and, as most bonuses expire within 7-14 days, may well be forced to play for periods, or at times, they otherwise might not.
Why do wagering requirements exist?
In the early days of online casinos, bonus hunting among players became widely popular. It led to forums where players shared information on where and how to profit from the best welcome bonuses, earning money from the available offers available and never playing at a site again.
As casinos began to notice players taking bonuses and withdrawing without using them fairly, they combatted the practice with wagering requirements and other terms, such as the ability to withdraw a bonus and any winnings made if an account was suspect of this activity.
However, with no limits or official licensing rules to regulate wagering requirements at that time, things soon got out of hand as operators set high limits that were and still are unattainable to most players. Additionally, in many cases, the terms and conditions were not clearly displayed or explained, leading to the confiscation of bonuses and winnings without players understanding how or why they’d fallen foul of the casino’s rules.
Wagering requirements under fire with UKGC
By 2014, and following a flood of player complaints, the Gambling Commission weighed in, creating the Gambling (Licensing and Advertising) Act which prescribed operators were to advertise their bonus terms and conditions clearly and explain them to players. This led to some reducing their requirements to more feasible levels. However, not all operators followed suit, hence why we’re still discussing wagering requirements today.
More recently, in February 2022, the UKGC set its sights on reforming wagering requirements again, issuing new guidance regarding fair and transparent terms and practices, which acknowledged that wagering requirements could lead to excessive play, not in line with social responsibility rules for operators.
The new guidance rules cited that licensees used potentially unfair terms, with examples including:
- “terms that allow licensees to confiscate customers’ un-staked deposits
- terms regarding treatment of customers’ funds where a licensee believes there has been illegal, irregular or fraudulent play
- promotions for online games that have terms entitling a licensee to void real money winnings if a customer inadvertently breaks staking rules
- terms that unfairly permit licensees to reduce potential winnings on open bets.”
It also stated that the Commission was aware of:
- “terms and conditions that are difficult to understand
- welcome bonus offers and wagering requirements which may encourage excessive play.”
While the guidance did not contain rules for abolishing or limiting wagering requirements, they instructed licensees to review their terms and conditions to ensure they fit consumer protection laws and that; “The LCCP requires rewards and bonuses to be constructed in a way that is socially responsible. Although it is common practice to attach terms and conditions to bonus offers, the Commission does not expect conditions, such as wagering requirements, to encourage excessive play.”
Will wagering requirements be banned?
With the Gambling Review white paper currently overdue and keenly expected by all industry stakeholders, many wonder if it will cover wagering requirements or, more specifically, exclude them from casino practice. The Gambling Review aims to update the 2005 Gambling Act, fit for the modern age, and wagering requirements would undoubtedly slot into the remit of what’s being discussed, which includes greater player protections and affordability checks.
While it’s clear that some big-name operators and affiliates like No Wagering are pioneering the way in bringing zero wagering bonuses to players, many sites have not followed suit. This is despite clear evidence that players favour fairer bonuses (PlayOJO is one of 39 brands operated by the same parent company, it is the only one with zero requirements, and it’s the most successful of all, according to the company).
Realistically, we’re not sure that the new gambling regulations will ban wagering requirements completely (as we covered earlier, they do exist for a reason), but it certainly wouldn’t be beyond the imagination for there to be a maximum cap applied in the view that excessive requirements equate to excessive play.
What’s next for operators and bonuses if wagering requirements are banned?
Bonuses are one of the most important factors for players in picking between casino sites, and they make players feel lucky to score something for free straight off the bat (even if the wagering requirements mean this is not really the case).
If wagering requirements are banned, operators unwilling to offer bonuses without wagering requirements will have to return to the drawing board and reimagine rewards, especially welcome offers. Alternatively, they could begin competing based on other USPs, such as focusing more on the casino product to pull in the punters by offering unique games, making space for indie developers, having instant withdrawals, or gamified loyalty benefits and better loyalty clubs.
Moreover, it would present a fantastic opportunity for remote operators to move away from the tired system of matched deposit bonuses towards more exciting and fresher ideas like promo wheel spins, mystery gifts on first deposits, prize draws and so on. With brands including PlayOJO, Paddy Power, MrQ and Betfair already doing this, operators do not lack a blueprint to success, just the gumption to embrace a new model.
Bulgaria
Betway Bulgaria officially launches, offers live and bet-builder options
Another company has officially launched its activities in the growing niche of online betting in Bulgaria. But here we are not just talking about another operator licensed by national institutions, but about a leading brand worldwide. Betway is one of the largest bookmakers in Europe and globally, and the fact that it already offers its services in Bulgaria speaks positively about the development of the gambling business in the country.
Indications of an increase in the size of the industry appeared last year, when several operators received a permit to operate under Bulgarian jurisdiction. It is unlikely that this process will end with the official launch of betway bulgaria, rather the brand entering the country can be perceived by international operators as a positive assessment of the market in Bulgaria. What can we find at Betway besides the obvious – increased competition and of course more choice for consumers?
What do we find in the sports section?
Sports betting – this is the leading sector of the company, which started operations in 2006. The brand is associated with a number of teams in Europe such as Tottenham, Atletico Madrid, Leicester, Alaves, Belenenses, Werder, etc. Of course, the top championships in Europe are present in the latest betting platform, but that’s not all. Betway offers the opportunity to make predictions at less popular UEFA championships. The fans of the Bulgarian championship have options too. All matches of the First League are present in the bookmaker’s menu, and are offered with dozens of choices for each of them.
Real-time bets and long-term combinations
Live bets are a big thrill for many players. This option is present at Betway, and this also applies to the mobile version, of course. It is not difficult to detect current events – they come first when loading the platform. And with them the bookmaker really comes up with interesting offers, some of which are rare on the Bulgarian market. The outcome of the bets become clear in literally seconds if the next goal market or one of the performance options is selected.
In addition, the company accepts predictions with a much longer horizon. It is now standard to bet on who will be the champion in England, Spain, Italy or Germany. However, there are also specific markets and selections for certain teams – will Barcelona take the trophy this season, will Liverpool reach the final in at least one of the tournaments in which it participates, etc. And if users don’t find what they’re looking for in these offers, they can always turn to the betting menu. The bet-builder is still limited to one match, from which we can choose two or more selections until the desired odds are formed. This is the most appropriate way to optimize the bet according to personal preferences and therefore it is increasingly preferred by the players.
Betway’s first steps on the Bulgarian market are impressive. And this is just the beginning, we can expect even more in the near future.
European Gaming News
EveryMatrix inks RGS Matrix agreement with Wild Boars
EveryMatrix announces the second RGS Matrix partnership with Wild Boars, newly launched gaming studio that aims to bring creative storytelling and a fresh feel to the gaming industry.
Launched in 2019 as EveryMatrix sixth standalone solution, RGS Matrix enables gaming development teams to distribute, manage, and report upon a proprietary game product portfolio.
This ‘out of the box’ remote gaming server was built on an open architecture and caters for outstanding player experience, consistent deployment, and quicker content integration.
Mathias Larsson, Managing Director of RGS Matrix, says: “This is our second RGS Matrix agreement and it brings me a lot of joy to know that our solution starts gaining momentum in the market. Our remote gaming server aims to help the new generation of game builders by providing all the means to create, design, distribute and manage games.
“The team of Wild Boars is experienced, skilled and highly creative. I am looking forward to seeing their games live and appreciated by players in many countries.”
Oleksandr Yermolaiev, Managing Director of Wild Boars, comments: “We truly believe that choosing a right partner is crucial for success. For us, RGS Matrix and its remarkable team is just that partner. We are excited to use EveryMatrix solution, focus on what we do best and bring our innovative games to a wide range of operators, territories and players. RGS Matrix is dashing ahead and we are happy to join the ride.”
RGS Matrix powers slots and table games, and is currently certified for Malta, Latvia, Lithuania, Estonia, Sweden, Spain, Denmark, Romania, and Colombia, with many jurisdictions to come in the upcoming years.
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