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
Michigan Gaming Control Board Orders MyBookie.ag to Cease Operations in the State
The Michigan Gaming Control Board (MGCB) has issued a cease-and-desist letter to Duranbah Limited N.V., the operator of MyBookie.ag, based in Curaçao. The site offers a variety of casino-style games, such as slots, poker, and live-dealer games like blackjack, roulette, and craps. It also allows users to place bets on sporting events and horse races.
MGCB Executive Director Henry Williams stressed the agency’s dedication to safeguarding consumers and ensuring compliance with Michigan’s gaming regulations.
“Our investigation into MyBookie.ag found that their operations were accessible to Michigan citizens, which violates state laws. We are taking strong action to uphold the principles of fair and legal gaming,” Williams said.
MyBookie.ag offers numerous payment methods for deposits and the funding of players’ accounts, including Visa, MasterCard, American Express, PayPal, various cryptocurrencies (Bitcoin, Ethereum, Litecoin, and others), and MoneyGram. However, withdrawals can only be made via Bitcoin or bank wire transfer.
The MGCB’s investigation revealed that MyBookie.ag’s operation of online casino-style games for paying customers, without a valid Michigan gambling license, breaches several state laws, including:
• Lawful Internet Gaming Act: Internet gaming is only permitted by licensed operators. Only casinos licensed under the Michigan Gaming Control and Revenue Act and federally authorized tribal casinos within Michigan may apply for such a license.
• Michigan Gaming Control and Revenue Act: Operating a gambling business without an MGCB-issued license is a felony, carrying penalties of up to 10 years in prison, a fine of up to $100,000, or both.
• Michigan Penal Code: Gambling, which involves consideration, prize, and chance, is broadly prohibited. Accepting money or anything of value with the understanding that it will be paid based on the outcome of an uncertain event is illegal.
Duranbah Limited N.V. has 14 days from receipt of the letter to cease offering gambling services to Michigan residents, as required by the cease-and-desist letter. If the company fails to comply, the MGCB is prepared to collaborate with the Michigan Attorney General’s Office for further legal actions.
Compliance Updates
MGCB Executive Director Applauds Reappointment of Board Member Deidre A. Lambert-Bounds by Governor
The Michigan Gaming Control Board (MGCB) has announced the reappointment of Troy resident and Board member Deidre A. Lambert-Bounds by Gov. Gretchen Whitmer. This reappointment reaffirms the governor’s confidence in Lambert-Bounds’ dedication, integrity, and invaluable contribution to the agency’s mission of ensuring a fair and transparent gaming environment.
MGCB Executive Director Henry Williams expressed deep appreciation for the governor’s decision, noting that Lambert-Bounds’ continued leadership will greatly benefit the agency.
“Board member Lambert-Bounds has consistently demonstrated exceptional commitment and insight in regulating Michigan’s gaming industry, and we are thrilled to have her continue as a vital part of our Board. This reappointment is a testament to her unwavering dedication to upholding the highest standards of integrity and fairness,” said Williams.
Reappointed for a term expiring Dec. 31, 2028, Lambert-Bounds is the president and co-owner of Ignite Social Media LLC, and the chief operating officer and co-owner of its sister company, Carusele Media. She also serves on the executive boards of the Sphinx Organization, International Women’s Forum, and the Michigan Partnership for Equity and Opportunity.
The reappointment is Lambert-Bounds’ second four-year term of serving on the MGCB, representing Independents, for a term expiring Dec. 31, 2028. She previously served from July 22, 2021, through Dec. 31, 2024, and succeeded Barbara Smith, whose term expired Dec. 31, 2020.
The MGCB is responsible for implementing, administering, and enforcing the provisions of the law related to the licensure, regulation, and operations of the three authorized Detroit casinos — MGM Grand Detroit, MotorCity Casino, and Hollywood Casino at Greektown. The agency also licenses and regulates fantasy contests, regulates pari-mutuel horse racing and casino-style charitable gaming (millionaire parties), and audits tribal gaming compact agreements for the state’s 12 federally recognized tribes.
The Board comprises five Michigan residents appointed by the Governor, with one member designated by the Governor as the chairperson. Under the Michigan Gaming Control & Revenue Act, no more than three members may belong to the same political party.
Compliance Updates
BMM Testlabs Earns Accreditation in Maranhão, Brazil To Test Fixed Odds Betting Systems and Lottery Platforms
BMM Testlabs, the world’s original gaming test lab renowned for exceptional product compliance and testing services, today announced its official accreditation to test systems and games for the Brazilian state of Maranhão.
This new accreditation allows BMM Testlabs to test fixed-odds betting systems and lottery platforms for the Maranhão market. The Company is now authorized in every Brazilian jurisdiction that has regulated at state-level online fixed-odds betting.
The Maranhão accreditation, issued by Maranhão Parcerias SA (MAPA/LOTEMA), authorizes BMM Testlabs to work with lottery operators in the state to ensure compliance and quality standards for the gaming and lottery industry through end-to-end product compliance testing for Maranhão’s standards.
Additionally, Brazil’s Secretaria de Prêmios e Apostas has federally authorized BMM Testlabs to test betting systems, live gaming studios, and online games used by fixed-odds betting operators.
BMM Testlabs’ Marzia Turrini, President of iGaming & Cybersecurity, said, “We are excited and deeply honored that the State of Maranhão’s official lottery has entrusted BMM Testlabs with the responsibility of testing products for their new online fixed odds betting program, knowing that we’ll do so with the highest levels of impartiality, technical expertise, transparency, efficiency, and, most of all, integrity.”
With the Maranhão accreditation, BMM Testlabs solidifies its position as the leading independent test lab in Brazil. BMM Testlabs is accredited in all jurisdictions that have authorized fixed-odds betting for online gaming and sports betting.
BMM Testlabs brings 44 years of global leadership in product compliance across regulated markets and is trusted by games, systems, and lottery manufacturers, suppliers, developers, and regulators worldwide.
In addition to product compliance testing, BMM Testlabs provides end-to-end cybersecurity protection solutions. Through its sister company, RG24seven Virtual Training, BMM also offers compliance-grade virtual training on responsible gaming, anti-money laundering, and other important topics – presented by industry experts and available in English, Spanish, and Portuguese.
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