![]() Kater claimed that Churchill Downs (the owner and operator of the platform) profited from the secondary market for virtual chips because it charged a transaction fee, priced in virtual gold, for all transfers.Ī district court judge dismissed the action with prejudice, holding that the virtual chips were not a “thing of value” as required by Washington state law and therefore the platform was not illegal gambling under the statute. She filed suit in 2015, alleging violations of Washington’s Consumer Protection Act and Recovery of Money Lost at Gambling Act (RMLGA). In 2013, Cheryl Kater began playing games on Big Fish Casino, eventually buying-and then losing-over $1,000 worth of chips. Big Fish Casino’s terms of use state that virtual chips have no monetary value and cannot be exchanged “for cash or any other tangible value.” A mechanism does exist to transfer chips between users, however, on a secondary black market.
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