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

The Court authorized this website to explain that the Court has allowed, or "certified," a class action lawsuit that may affect you. You have legal rights and options that you may exercise in this case, as described below. 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 Damages Class is sufficiently numerous because of the number of Washington residents that made chip purchases.
• There are questions of law or fact common to the Damages 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 transfer of funds to High 5 in the context of an illegal gambling game unjustly enriched High 5.
• Mr. Wilson’s claims are typical of those of the Damages 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.”
• Common questions of law predominate over any questions affecting only individual members because Plaintiff’s initial case can be established based on common evidence.
• A class action is superior to other methods for fairly and efficiently adjudicating this case.

More information about why the Court is allowing this lawsuit to be a class action, along with information about the separate “injunctive 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 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. 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 Damages Class and issuing this website, 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 to recover money.

The Plaintiff is asking the Court to award each Damages Class Member all money spent on virtual chips used in High 5 Casino and High 5 Vegas, as well as an order stopping them from selling virtual casino chips in Washington.

No money or benefits are 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 benefits will ever be obtained. If they are, you will be notified about how to ask for a share.

The Court certified a “Damages Class” consisting of all persons in Washington who purchased virtual casino chips on either High 5 Casino or High 5 Vegas after April 9, 2014. If you fit these criteria, you may be a Damages Class Member.

A separate class of persons who played these games, called the “Injunctive Class,” was also certified for the purposes of seeking to stop the claimed wrongdoing. More information about the Injunctive 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 in Question # 21.

By doing nothing you are staying in the lawsuit. If you stay in the lawsuit you will be legally bound by all of the orders the Court issues and judgments the Court makes in this class action. If the Plaintiff obtains money or benefits, either as a result of any trial or settlement, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement). Keep in mind that if you are a member of the Damages Class and you do nothing now, regardless of whether the Plaintiff wins or loses the legal motions or trial, you will not be able to separately sue, or continue to separately sue, Defendant as part of any other lawsuit about the same legal claims that are the subject of this lawsuit.

If you don’t want to be a part of this lawsuit, or if you want to pursue your own lawsuit against Defendant, you need to ask to be excluded from the Damages Class. If you exclude yourself from the Damages Class—which also means to remove yourself from the Damages Class, and is sometimes called “opting out”—you won’t get any money or benefits from this lawsuit if any are awarded or obtained as a result of the trial, legal motions, or from any settlement (if the case is settled) between Defendant and the Plaintiff. However, you will be able to separately start your own lawsuit against, or continue to separately sue, Defendant for the same conduct at issue in this case. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.

If you continue or start your own lawsuit against Defendant after you exclude yourself, you’ll have to hire and pay your own lawyer for that lawsuit, and you’ll have to prove your claims. If you exclude yourself so you can start or continue your own lawsuit against Defendant, you should talk to your own lawyer soon because your claims may be subject to a statute of limitations or other deadlines.

To exclude yourself from the Damages Class, you must mail or otherwise deliver a letter or email stating that you want to be excluded from Wilson v. PTT, LLC d/b/a High 5 Games, LLC, No. C18-5275RSL (W.D. Wash.). Your letter or email request for exclusion must include (i) your name and address, (ii) a statement that you purchased virtual chips on either High 5 Casino or High 5 Vegas after April 9, 2014, and (iii) your signature. You must send your exclusion request no later than January 30, 2022, to:

Wilson v. High 5 Games 
c/o Class Action Administrator
PO Box 5324
New York, NY 10150-5324

Or

email: [email protected]. 

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 Damages 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 for the Damages Class, 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 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 or that they will get any money for the Damages Class.

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.

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 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 Games, c/o Class Action Administrator, PO Box 5324, New York, NY 10150-5324. 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 the full Notice carefully.