Wilson v. PTT, LLC d/b/a High 5 Games, LLC

The Court authorized a Notice to explain that the Court has allowed, or “certified,” a class action lawsuit that may affect you. Judge Robert S. Lasnik of the United States District Court for the Western District of Washington is overseeing this class action. The lawsuit is known as Wilson v. PTT, LLC d/b/a High 5 Games, LLC, No. C18-5275RSL (W.D. Wash.).

This lawsuit alleges that High 5 Casino and High 5 Vegas constitute illegal gambling under Washington’s Recovery of Money Lost at Gambling Act, that High 5 violated Washington consumer protection laws, and was unjustly enriched through its sale of virtual casino chips. The lawsuit seeks to recover all money spent on virtual chips used in High 5 Casino and High 5 Vegas and to stop High 5’s sale of virtual casino chips. High 5 denies that it violated any laws.

In a class action, one or more people called “Class Representatives” (in this case, Sean Wilson) sue on behalf of a group of people who have similar claims. The people together are a “Class” or “Class Members.” The individuals who sue—and all the Class Members like them—are called the Plaintiffs. The company they sue (in this case PTT, LLC d/b/a High 5 Games, LLC) is called the Defendant. In a class action, the Court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

The Court decided that this lawsuit can be a class action because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in Federal Courts. Specifically, the Court found that:

• The Injunctive Class is sufficiently numerous given the number of High 5 players in Washington.
• There are questions of law or fact common to the Injunctive Class including: (a) Whether High 5’s games satisfy the statutory definition of “gambling”; (b) whether a violation of Washington’s gambling laws constitutes an unfair or deceptive act under the Washington consumer protection law; (c) whether a violation of Washington’s gambling laws impacts the public interest for purposes of the Washington consumer protection law; and (d) whether plaintiff’s claim for injunctive relief is viable.
• Mr. Wilson’s claims are typical of those of the Injunctive Class.
• Mr. Wilson and the lawyers from Edelson PC “have demonstrated a commitment to vigorously prosecuting this action on behalf of the class and will do so in an adequate manner.”
• High 5 “has acted or refused to act on grounds generally applicable to the Class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the Class as a whole.”

More information about why the Court is allowing this lawsuit to be a class action, along with information about the separate “damages class,” is in the Court’s Order certifying the Class, which is available in the “Court Documents” section of this website, or by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://www.wawd.uscourts.gov/attorneys/pacer. 

This lawsuit claims that High 5 Casino and High 5 Vegas constitute illegal gambling under Washington’s Recovery of Money Lost at Gambling Act, that High 5 violated Washington consumer protection laws, and was unjustly enriched through its sale of virtual casino chips. For the Injunctive Class, the lawsuit seeks to enjoin, or stop, High 5 from selling virtual casino chips for any of its internet-based casino style games. You can read a copy of the Plaintiff’s Class Action Complaint in the “Court Documents” section of this website.

High 5 denies that they did anything wrong, violated any law, or are liable in any way. You can read High 5’s Answer to Plaintiff’s Class Action Complaint in the “Court Documents” section of this website.

No, the Court has not decided whether the Plaintiff or Defendant is correct. By certifying the Injunctive Class and issuing this Notice, the Court is not suggesting that the Plaintiff will win or lose this case. Unless the case settles, Plaintiff must prove their claims at a trial or through legal motions.

The Plaintiff is asking the Court to enjoin or stop High 5 from selling—from within Washington—virtual coins, or other virtual tokens or credits, for use in virtual slot machines or other simulated gambling in internet-based casino-style apps, including, but not limited to, High 5 Casino and High 5 Vegas.

No money or benefits are available to the Injunctive Class. If you are a member of the Damages Class because you purchased virtual chips from High 5, there is still not money available now because the Court has not decided whether Defendant did anything wrong, and the two sides have not settled the case. There is no guarantee that money or an injunction will ever be obtained.

The Court certified a “Injunctive Class” consisting of all persons in Washington who played either High 5 Casino or High 5 Vegas after April 9, 2014. If you fit these criteria, you may be an Injunctive Class Member.

A separate class of persons who purchased virtual chips from High 5, called the “Damages Class,” was also certified for the purposes of attempting to recover all money spent on virtual chips used in High 5 Casino and High 5 Vegas. More information about the Damages Class and their rights is available on this website.

If you are not sure whether you are included, you can call the Wilson v. High 5 Games Class Action Administrator at 1-833-460-2430. Or you can get free help by calling the lawyers in this case at the phone number listed below.

The Court has appointed lawyers at the firm Edelson PC to represent the Class. They are called “Class Counsel.” They are experienced in handling similar class action cases. More information about these lawyers, their law firms, and their experience is available at www.edelson.com.

The Court also appointed Sean Wilson, who is a member of the Injunctive Class, as the Class Representative.

You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, if you want to hire your own lawyer, you certainly can, but you will have to pay that lawyer yourself. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.

If Class Counsel obtains money or benefits, they may ask the Court for attorneys’ fees and expenses. You won’t have to pay these fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would be either deducted from any money obtained for the Damages Class or paid separately by Defendant.

As long as the case is not decided through legal motions or settled, Class Counsel will have to prove the Plaintiff’s claims at a trial. The trial will be heard at the U.S. Courthouse, 700 Stewart Street, Courtroom Suite 15106, Seattle, WA 98101-9906. Once a date is set for trial, it will be posted on this case website. During the trial, a jury or the Judge will hear all of the evidence to help them reach a decision about whether the Plaintiff or Defendant is right about the claims in the lawsuit. There is no guarantee that the Plaintiff will win.

You do not need to attend the trial. Class Counsel will present the case for the Plaintiff and Defendant will present its defenses. You or your own lawyer are welcome to come at your own expense.

Members of only the Injunctive Class aren’t eligible for a monetary payment. If you are also a member of the Damages Class and if the Plaintiff obtains money or benefits as a result of the trial or a settlement, you will be notified about how to apply for a share or what your other options are at that time. Currently, we do not know if any benefits will be available or how long this process will take.

This case website contains several Court Documents that contain additional information about the case. It will be updated with the most current information about the lawsuit as it becomes available. You can also get information about this case or by accessing the Court docket, for a fee, through the Court’s Public Access to Court Electronic (PACER) system at https://www.wawd.uscourts.gov/attorneys/pacer. You may also write with questions to Wilson v. High 5, c/o Class Action Administrator, PO Box 5324, New York, NY 10150-5324 or email at [email protected]. And you can call the Class Action Administrator at 1-833-460-2430 or Class Counsel at(855) 680-0658, if you have any questions. Before doing so, however, please read this full Notice carefully.