As a result, the plaintiffs seek to recover the “money” they lost playing under Washington’s gambling loss recovery statute.ĭouble Down lost its bid, both before the District Court and the Ninth Circuit, to send the case to arbitration, bringing the fight about whether Double Down Casino involves “gambling” back to the District Court. Although players cannot redeem the chips for real money, the plaintiffs alleged that they nonetheless constituted a “thing of value,” for purposes of the gambling analysis, because they can be used to continue playing. Double Down’s casino game involves virtual “chips” that may be purchased in the app after players run out of their free, initial allotment.

The plaintiffs in this case sued Double Down in April of 2018, alleging that Double Down’s casino game constitutes illegal gambling under Washington law. In its order, the District Court specifically rejected Double Down’s attempt to lump gambling games in with the broader video game industry. District Court for the Western District of Washington denies Double Down’s motion to certify gambling questions to the Washington State Supreme Court. In the third such motion filed by a casino game operator, the U.S. Sometimes the third time isn’t always a charm.

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