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Consumer Law
Unfair Competition
Online Gambling

Mia Mason, 371 Monticello Ct., Glen Burnie, Maryland 21061, Baltimore County, individually, and on behalf of all others similarly situated v. Machine Zone Inc., 555 Hamilton Avenue, Palo Alto, California 94301, a Delaware corporation

Published: Dec. 12, 2015 | Result Date: Oct. 20, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 1:15-cv-01107-JKB Bench Decision –  Dismissal

Court

USDC Maryland


Attorneys

Plaintiff

Courtney C. Booth

Maria C. Simon

Benjamin H. Richman
(Edelson PC)


Defendant

Sean O. Morris
(Arnold & Porter LLP)

Thomas D. McSorley

Michael A. Berta
(Arnold & Porter Kaye Scholer LLP)

Allyson T. Himelfarb


Facts

Mia Mason, 371 Monticello Ct., Glen Burnie, Maryland 21061, and Baltimore County, individually, and on behalf of all others similarly situated sued Machine Zone Inc. in connection with the game "Game of War."

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiff played the virtual game and purchased virtual "gold" with actual money that she then used in a virtual casino-like spinning wheel game. Users can win more chips and gold in the spinning wheel game. Plaintiff, however, lost all her gold in the spinning wheel game, and with it, her cash. Plaintiff filed this lawsuit for alleged violations of the California Penal Code Section 330b prohibiting illegal gambling, Unfair Competition Law, unjust enrichment, as well as the Maryland Loss Recovery Statute. Plaintiff also sought class certification.

DEFENDANT'S CONTENTIONS:
Defendant moved to dismiss the complaint for failure to state a claim for relief.

Result

The district court dismissed the purported class action because Mason failed to allege "real world" injuries or losses.

Other Information

FILING DATE: April 17, 2015.


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