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Compliance Updates

Pearson, Simon & Warshaw, LLP and Kaliel PLLC: New Class Action Lawsuit Challenges Fortnite’s Sale of Loot Boxes

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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.

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Compliance Updates

Chicago City Council Members Pushing to Legalize Video Gambling

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Chicago City Council members are reviving plans to legalize video gambling in the city, introducing two ordinances that could bring hundreds of terminals to O’Hare and Midway airports and allow machines citywide for the first time.

One ordinance, introduced by Alderman Gilbert Villegas (36th), targets the city’s airports, where he sees both political feasibility and high revenue potential.

“The General Assembly has provided this opportunity through the casino bill. Yet, we’re not taking advantage of capturing dollars from one of the busiest airports in the country,” Villegas said.

“People are there, in some cases, one or two hours before. If their flight is delayed or they’re making a connection and there is a delay, there’s an opportunity to capture an audience that may not even be going to the city.”

Villegas’ proposal includes a $10,000 license fee per location, plus $500 per terminal. A separate terminal license would cost $1000, with an additional $500 per unit. If 400 machines each generated $800 daily, Villegas estimates annual revenue could reach $116.8 million, with the city taking a share through licensing and taxes.

Alderman Anthony Beale (9th) is pushing for a broader citywide expansion. His ordinance would legalize video gambling throughout Chicago, including in neighborhood bars and restaurants.

“We need to do it citywide and at the airports. We need the revenue and this administration has not shown a willingness to find new revenue that’s not gonna hit the taxpayers in every household,” Beale said.

Beale’s ordinance proposes a $500 license fee per location and a $1000-per-terminal charge for both the site and the machine itself. He has criticized the administration for dismissing the potential benefits, arguing that the current tax formula could be renegotiated with state lawmakers.

“That’s because they haven’t shown the willingness to go down to Springfield and change the formula. I’m hoping that submitting these ordinances will finally convince them to send a team down there,” he said.

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Prime Skill Games Inc. Official Response to AGCO Press Release

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Prime Skill Games Inc. Official Response to AGCO Press Release

 

As CEO of Prime Skill Games Inc., I feel compelled to address recent comments made by the Alcohol and Gaming Commission of Ontario regarding so-called unapproved gambling machines in convenience stores across the province.

Let me be perfectly clear

Our machines are not gambling devices. They are entirely skill-based, fully compliant with the law, and built on the fundamental idea that players are in control. The outcome of every session is determined solely by the player’s ability, not by random chance.

Prime Skill Games is proud to be the only true skill game operating in Ontario today.

We categorically reject any suggestion that our products fall under the definition of unregulated gambling. Such statements are inaccurate, misleading, and fail to recognize the critical distinction between games of skill and games of chance.

We stand firmly behind the legality of our machines and the integrity of our operations. We will demonstrate this through every available means, whether through legal documentation, expert analysis, or, if necessary, before the courts. We are prepared and unafraid to defend the truth.

To our players, partners, and business community, we want to reassure you that our mission has not changed. We are committed to offering a responsible, transparent, and innovative entertainment experience. We will not be intimidated by broad and baseless accusations, and we will continue to move forward with strength and clarity.

 

Sincerely

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Matt Zamroźniak

Chief Executive Officer

Prime Skill Games Inc.

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Canada

AGCO takes action to remove unapproved gambling machines from Ontario convenience stores

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AGCO takes action to remove unapproved gambling machines from Ontario convenience stores

 

The Alcohol and Gaming Commission of Ontario (AGCO) is continuing its efforts to combat unregulated gambling and protect the public. As part of these efforts, the AGCO took steps this week to revoke the lottery seller registrations of a number of retailers in the GTA that were found to be offering unapproved electronic gambling machines under the Prime Slot brand.

The AGCO regulates all gambling in the province of Ontario to ensure gambling products and gaming sites are held to high standards of game integrity, player safety, and the protection of minors and vulnerable individuals.

Over the past decade, unregulated gaming machines have increasingly proliferated across North America. While they largely rely on chance like traditional slot machines, manufacturers have claimed they are games of skill and have installed terminals in convenience stores and other locations where gaming machines would otherwise be prohibited.

The AGCO will continue to take every action within its authority to protect the public against the risks that these unregulated machines pose – particularly in locations easily accessible to children and youth.

A registered lottery seller served with a Notice of Proposed Order to revoke their registration has the right to appeal the AGCO’s action within 15 days to the Licence Appeal Tribunal (LAT), an adjudicative tribunal that is part of Tribunals Ontario and independent of the AGCO.

“Unapproved gambling machines have no business being in convenience stores or other locations, particularly those that are available to children and youth. ” – Dr. Karin Schnarr, Chief Executive Officer and Registrar, AGCO

Background:

Under Section 10(b) of the Gaming Control Act, the Registrar shall refuse to register an applicant as a supplier or to renew the registration of an applicant as a supplier if there are reasonable grounds to believe that the applicant will not act as a supplier in accordance with law, or with integrity, honesty, or in the public interest.

Under Section 12 of the Gaming Control Act, the Registrar may propose to suspend or to revoke a registration for any reason that would disentitle the registrant to registration or renewal of registration under section 10 if the registrant were an applicant.

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