The man who dropped his lawsuit alleging Google and Apple were profiting off the the allegedly illegal gambling of sweepstakes sites like McLuck and High 5 Casino just last week has refiled his case, but with some tweaks.
For starters, plaintiff Julian Bargo now has two co-plaintiffs from New York, Lamar Prater and Rebecca Pratt. Each person claims they sustained gambling losses across High 5 Casino, Luckyland and Chumba Casino, respectively.
Moreover, the class action lawsuit, filed in New Jersey District Court, is only against Google, Apple and their respective payment verticals and does not name any sweeps operators.
“This case is about patently illegal gambling software being distributed to the cell phones, desktop computers and other personal electronic devices of individuals throughout New Jersey, New York and beyond, by an unlawful enterprise that includes two of the most successful companies in the world,” the suit alleged.
The lawsuit once again levies Racketeer Influenced and Corrupt Organizations (RICO) Act charges against the tech giants, claiming they were complicit in promoting these sweepstakes sites and profited off them via their role as payment processes.
“Google and Apple provide the Sweepstakes Casinos with resources and business tools needed to maximize their success on the Play Store and App Store, respectively. For example, the Sweepstakes Casinos submit their apps for review to the Defendants, who then have an opportunity to determine whether the apps comply with state and federal law; the Defendants counsel them through the app launch process; and the Defendants provide targeted advertising to promote the apps throughout their respective platforms,” the complaint argued.
The counts in the suit include violation of New Jersey state gambling statute, false advertising, unjust enrichment and New York business laws in addition to the RICO charges.
The plaintiffs claim that these sweepstakes sites are operating as an online casino and suggest the dual-currency model is a ruse to enable customers to play real-money casino games. They also say that, given the review processes in place at Google and Apple, these sites were reviewed by the conglomerates and approved before being listed in their respective app stores. These companies also accept advertising from the sites as well as profit from payment processing.
