Compliance Updates
Pearson, Simon & Warshaw, LLP and Kaliel PLLC: New Class Action Lawsuit Challenges Fortnite’s Sale of Loot Boxes
Pearson, Simon & Warshaw, LLP and Kaliel PLLC filed suit, Altes v. Epic Games, Inc. Case No. 2:19-cv-01488 in the U.S. District Court for the Central District of California on February 28, 2019, alleging that Defendant Epic Games, Inc., the developer of the wildly popular video game Fortnite, uses predatory tactics to lure players into making in-game purchases. Specifically, the Complaint challenges Fortnite’s unfair and deceptive marketing of its “loot boxes,” known as “Llamas,” in Fortnite Save the World.
The Complaint, which is filed as a class action on behalf of California consumers, is brought by Mr. Altes on behalf of his child, a minor. Melissa Weiner, an attorney representing Mr. Altes and his son, commented, “Fortnite’s conduct with respect to loot boxes is especially egregious because so many of its players are kids.”
A “loot box” is a virtual pack of goods which contains a randomized selection of virtual items to be used in a game. Loot boxes can contain everything from purely cosmetic items—known as “skins,” which offer no competitive advantages—to a variety of items such as “power ups” that can dramatically alter a player’s chance of progressing in the game. The loot boxes in Fortnite Save the World, known as Llamas, are of the latter variety, offering players a chance to advance in the game.
Recently, loot boxes have generated significant controversy, with some countries, such as Belgium, Netherlands, and Australia finding that they constitute illegal gambling, based on the fact that consumers pay real currency for potential “loot” that is not guaranteed.
Other countries, including China and Korea, have recently issued regulations requiring games with loot boxes to disclose the odds of winning loot box contents. In the U.S., the Federal Trade Commission has vowed to investigate the use of loot boxes in video games, but so far, has taken no action.
Mr. Altes’ Complaint, which was filed in federal court in California, alleges that through both misrepresentations and omissions, Epic markets loot box Llamas in Fortnite Save the World as highly likely to contain valuable loot, but in reality, the Llamas do not contain the loot expected by the reasonable consumer, and especially by the reasonable minor. The Complaint alleges that Epic fails to disclose that the odds of receiving valuable loot are next to nothing, and, if players knew the actual odds of receiving the items they desired, they would not purchase the Llamas.
Sophia Gold, another attorney representing Mr. Altes, commented, “In nearly every other game of chance, the odds of winning are disclosed.”
Mr. Altes, who brings his claims under California consumer protection law, seeks both an injunction and a class-wide refund.
Compliance Updates
Play’n GO breaks new ground with entrance into third Argentinian province
Swedish gaming giants’ games now available in the province of Córdoba’s newly regulated market
Play’n GO, the world’s leading casino entertainment provider, has today announced their expansion into yet another new regulated market, as the Swedish gaming giant has agreed a partnership with Betsson in the province of Córdoba, Argentina.
Argentina is currently in a process of regulation for online gaming purposes on a province-by-province basis, and the partnership with Betsson sees Play’n GO enter yet another regulated market, keeping up the momentum from 2023 that saw the company expand its global reach.
This announcement sees Betsson’s players in Córdoba gain access to Play’n GO’s entire catalogue of games, including classics such as Book of Dead, Reactoonz, and Moon Princess.
This announcement is a signal of intent from Play’n GO, who reiterate their commitment to be present in every regulated market in the world.
Michele Stefanelli, Sales Leader, LATAM and Southern Europe, Play’n GO said: “Our first foray into a new region is always exciting for us, and we’re looking forward to a successful partnership with Betsson in Córdoba. Players around the world, and especially in the LATAM region, have already shown their fondness for our content, and we’re quietly confident that this new region will be no different. We are on record with our commitment to a safe, regulated industry, and we’re very pleased to see that approach rolled out globally by lawmakers and operators alike.”
Maximiliano Bellio, Managing Director Betsson Argentina, added: “We’re pleased to welcome Play’n GO to the Betsson family here in the Córdoba region, and we look forward to many years of success together. Like Play’n GO, Betsson is committed to a sustainable industry model, so this partnership makes perfect sense for both parties. We’re sure our players will be as excited as we are once they start playing these games that have proven so popular around the world, so let’s get started.”
Play’n GO’s games are already available in the autonomous city of Buenos Aires and Buenos Aires Province within Argentina’s federal system.
Compliance Updates
OpenBet bolsters compliance technologies with the launch of geolocation product, OpenBet Locator™, powered by Amazon Web Services (AWS)
OpenBet Locator™ provides a highly flexible, low latency and scalable alternative for global betting and gaming marketplace
OpenBet, a leading content, platform and service provider to the global betting industry, has bolstered its modular product portfolio with the launch of its new flexible and scalable geolocation product – OpenBet Locator™.
Built on the backbone of Amazon Web Services (AWS), OpenBet’s strategic cloud provider, OpenBet Locator™ is a low latency solution that enables operators worldwide to locate, promote to, and monitor customers, remaining fully compliant with regulatory requirements.
The technology strengthens OpenBet’s reputation for market-leading player protection and compliance following the company’s acquisition of Neccton in 2023. With OpenBet’s regulatory reach and multiple licenses, brands will be able to ensure seamless and swift integration of its trusted and compliant technology into their ecosystem.
Initially targeting the North American market, the solution will feature a number of components, such as:
- Fully flexible geo-fence management and high precision location tracking
- Fraud prevention combined with real-time virtual private network (VPN) and location spoofing detection
- Player targeting for customer relationship management (CRM), data analysis and in-venue promotions
- Multi-tenanted solution that supports travelling wallet
- Easy and flexible configuration options to streamline business operations workflows
The product is underpinned by OpenBet’s unrivalled expertise within the global betting industry and is designed to remove the friction of geolocation to the end-customer’s onboarding process.
Jordan Levin, CEO of OpenBet, said: “Introducing OpenBet Locator™ is an exciting move for us and takes our modular product offering to a new level. Built in-house and leveraging AWS technology, we have developed a strong proposition that can be tailored to meet unique business needs.
“As a pioneer within the global sports betting arena for over 25 years, we have an in-depth understanding of the challenges and opportunities operators face within highly regulated markets. OpenBet Locator™ is a scalable, compliant and dependable geolocation solution that removes the barriers to operators’ success.”
Compliance Updates
Gaming CEOs Optimistic on Industry Outlook, Report Evolving Industry Challenges
Amidst an evolving economic landscape, gaming executives report a positive outlook on future industry business conditions while remaining satisfied with the current business environment, according to the American Gaming Association’s (AGA) Gaming Industry Outlook.
Nearly all gaming executives surveyed characterized the current business environment as good (44%) or satisfactory (50%), mirroring similar sentiment from Q3 2023. Meanwhile, executives are more optimistic about future conditions, with 32 percent of CEOs expecting business conditions to improve over the next six months, up from 20 percent in Q3 2023.
“Gaming’s record-setting growth over the last three years has set a new standard for industry success,” said AGA President and CEO Bill Miller. “However, as we enter a period of market normalization, continued investment and innovation in offering world-class, responsible entertainment experiences will be required to maintain industry momentum.”
Gaming Executive Panel
Gaming executives have become more positive in their views that overall balance sheet health will improve over the next 6 months (42% net positive), but they expect the pace of revenue growth (13% net negative) and new hiring (22% net negative) to slow. These expectations for decelerating growth have influenced expectations for increases in capital investment and gaming units in operation, with smaller net positive sentiments than before.
- In contrast to past Outlooks, gaming equipment suppliers are slightly pessimistic about the sale of gaming units for replacement use and new or expansion use (both 13% net negative). However, they remain optimistic about the pace of capital investment (38% net positive).
- Half of operator CEOs expect capital investments in hotels over the next year to be higher than normal, and compared to last fall, more also expect higher than normal levels of capital investment in meetings and conventions and table games (28%). Meanwhile, 44 percent of CEOs expect increases in food and beverage investment, down from 67 percent in Q3 2023.
These expectations are also informed by evolving macroeconomic challenges. Executives report that inflationary or interest rate concerns continue to be a major factor limiting operations (28%), but these have been overtaken by geo-political risk (34%) and uncertainty of the economic environment (34%) as the biggest limiting factors in the most recent Gaming Executive Panel.
Current Conditions Index
The Current Conditions Index of 102.8 for Q1 indicates solid annualized real economic growth in the industry of 2.8%. This includes gaming revenue, employment and employee wages and salaries. Notably, the Current Conditions Index shows gaming expanding faster than the overall U.S. economy which last week reported 1.6 percent GDP growth in Q1 2024.
Future Conditions Index
The Future Conditions Index stands at 102.2, indicating annualized industry economic activity, after controlling for underlying inflation, is expected to moderately increase over the next six months. This outlook reflects Oxford Economics’ forecast that the U.S. economy will slow during 2024 but avoid recession. Despite a projected economic slowdown, consumer survey results continue to indicate that more than one-third of adults expect to visit a casino during the next 12 months, consistent with prior quarter results.
About the Outlook
The AGA Gaming Industry Outlook is prepared biannually by Oxford Economics. It provides a timely measure of recent industry growth and future expectations. The Q1 2024 survey was conducted between March 28 – April 10, 2024. A total of 32 executives responded, including executives at the major international and domestic gaming companies, tribal gaming operators, single-unit casino operators, major gaming equipment suppliers, and major iGaming and/or sports betting operators.
-
Interviews6 days ago
Women in iGaming Interview: White Hat Studios’ Holly Fairweather
-
Gambling in the USA3 days ago
Kambi Group plc extends Mohegan partnership with on-property sports betting agreement in Pennsylvania
-
Latest News6 days ago
White Hat Gaming strengthens executive team with Justin Psaila announced as new Chief Financial Officer
-
Compliance Updates4 days ago
OpenBet bolsters compliance technologies with the launch of geolocation product, OpenBet Locator™, powered by Amazon Web Services (AWS)
-
Gambling in the USA2 days ago
Clark County residents can bring a friend for free to next week’s Super Bingo $160,000 tournament at the Plaza Hotel & Casino, May 6-8
-
Compliance Updates6 days ago
Reputation matters – the importance of supplier licensing
-
Compliance Updates5 days ago
North Carolina Lawmaker to Introduce Bill to End College Player Prop Bets
-
Latin America5 days ago
Sportingtech Places New Local Talent Front and Center at BiS SiGMA Americas