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Washington state lawmakers could regulate games that use real money to entice users to buy virtual items, or “loot boxes” – a system critics say plays against people’s addictions. (Shaminder Dulai/)
Suzie Kelly had no idea what she was getting into when she downloaded a free casino app to her phone in 2014.
Kelly said he played very little at first, using the small amount of free chips the app gave him each day to spin the digital slot.
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But within weeks, the Texas grandmother said she spent thousands of dollars in the program, known as Big Fish Casino, buying virtual chips that she could never cash out but continued to play the game.
Kelly spent more than $300,000 over four years on digital chips that could only be used in virtual casino software, he wrote in a recent letter to the Washington State Gambling Commission.
To fund her addiction, she emptied her husband’s 401(k) retirement savings account and took out two home loans, she told commissioners.
Big Fish Games, the company that operates Big Fish Casino, is based in Seattle. And Kelly is now part of a class-action lawsuit filed in the U.S. District Court for Western Washington alleging the company’s involvement in illegal online gambling. Under Washington state law, players who engage in illegal gambling have the ability to recover their losses, which is the remedy Kelly and other plaintiffs are seeking.
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The 9th US Circuit Court of Appeals recently ruled against Big Fish Games, agreeing that the company’s practices alleged in the lawsuit constitute illegal gambling under Washington law. However, legal proceedings are ongoing regarding certain aspects of the case.
Other users in addition to Kelly have given legal statements about how they became addicted to the app, in part because of the social aspect of the game, which allows them to connect with other players.
“I could talk to people and they couldn’t see that I was crying inside,” longtime gamer Jill Interrante said in a court statement, saying she first downloaded the app to fill the void when her marriage ended. Interrante estimated he spent “at least $200,000” at the digital casino.
In response, Washington state lawmakers are looking for new ways to regulate online operations like Big Fish Casino, as well as other types of games that entice players to make in-app purchases for real-world money.
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State Sen. Derek Stanford, D-Bothell, plans to introduce legislation early next week that would try to ban some of the more violent practices he says were exposed in the Big Fish Casino lawsuit. He said a possible protection would be to bar the company from asking players to accept new terms of service that would prevent them from joining the class action. Kelly’s lawyers say Big Fish did just that last fall.
Stanford also wants to prevent game operators from ignoring players’ requests to suspend the app or freeze their credit card accounts — requests Kelly said he made several times, only to be turned away by a Big Fish employee known as a “VIP host.” “
Neither Big Fish Games nor the company that owns them, Aristocrat Technologies, responded to requests for comment for this article.
Instead of accommodating users’ wishes to lower their bills, many social casino games like Big Fish Casino “go in the exact opposite direction,” Stanford said.
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“If someone says they want to quit, the company says, ‘Great. We have a process. It takes a few days and you have to jump through some hoops. And in the meantime, there’s some free credit,” Stanford said this week.
“Basically someone says, ‘I want to quit drinking,’ and the bartender says, ‘Great, it’s free,'” Stanford said.
Stanford said he thinks giving away prizes at such intervals is a carefully designed practice to get people to join the game. His legislation will seek to learn from that experience to better understand how to regulate the industry, he said.
A separate bill in the House of Representatives similarly aims to examine how virtual in-app purchases and in-game rewards affect players psychologically. House Bill 2839, sponsored by state Rep. Shelley Kloba, D-Kirkland, would direct the state gambling commission to investigate whether in-game transactions “result in compulsive buying behavior.”
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The measure will require games to carry warning labels about the possibility of accepting in-app purchases or “random rewards”, sometimes referred to as “loot boxes”. Loot boxes are virtual gift bags filled with digital items that aid gameplay, and the exact contents are often a surprise to the player.
State Superintendent of Education Chris Reykdahl said he is particularly concerned about how games with loot boxes and in-app purchases affect minors. He said these games have an “addictive dynamic” that encourages children to “play more and more”.
That’s a problem, he said, in part because research shows that too much screen time can alter children’s brain development.
“When you’re 8 years old and you’re collecting gold that allows you to buy a bigger gun, that’s a significant advantage for a kid,” Reykdahl said. “It’s actually gambling – because the more I play, the better I get, and the further I get in the game, the more rewards I get.”
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He compared the games to the candy cigarettes of decades past and said companies are preparing their children to buy real cigarettes when they grow up.
“I don’t want companies to lure them into these games and then lure them into real gambling,” Reykdal said.
A lawsuit filed last year by the Quinault Nation challenged Bellevue-based gaming company Valve over the use of loot boxes in one of its games. By selling tokens that could be used to unlock a random prize, Valve created “essentially an online slot machine,” the suit says.
Leaders of the Quinault Nation, which operates a brick-and-mortar casino on the Washington coast, did not respond to a request for comment. Neither do Valve representatives.
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Stanford, the state senator, said he eventually wants to address loot boxes as well, in what he hopes will become a larger conversation about mobile gaming and addiction. He said that in some cases, children have been known to pay large sums of money to play online games with in-app purchases.
“If their parents have access to a credit card or something like that, they can spend a lot of money unknowingly,” Stanford said.
The creators of some online casino games that have come under fire from various lawsuits claim that their products are not gambling at all. At a recent hearing in Olympia, some company officials said the recent legal troubles have created a cloud of uncertainty that could hurt their industry and, in turn, the state’s economy.
“The entire state of Washington benefits from a thriving technology sector, and the gaming community is part of that industry, creating brand new technologies and software,” said Christina Hudson, executive director of economic development group OneRedmond. Redmond, home of Microsoft and other technology companies.
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At the same hearing, representatives of several gaming companies urged lawmakers to pass a measure that would ensure their products are not classified as illegal gambling under Washington law, allowing players to recover their losses.
“The vast majority of us
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