Illinois Resident Ponders Class-Action Lawsuit Against WOW Vegas

Marlena Wieseman, an Illinois resident, has registered a complaint in a federal court again MW Services, the owner and operator of WOW Vegas. 

Wieseman accuses the company of violating Illinois law for offering its online casino games.

Additionally, Wieseman requests that the court certify a class of other state residents who have spent money on the platform and to declare that all arbitration agreements in the terms of service are null and void. 

More on the Suit 

Wieseman filed the complaint in the federal District Court of the Central District of Illinois on July 23. 

MW Services is the only defendant. 

In the complaint, Wieseman stated that she has played games on sweepstakes casino sites, such as WOW Vegas, since 2022. She stated that during that time, she spent approximately $10,000 on the site. 

Wieseman alleges that the marketing is deceptive and that this deceptive marketing contributed to her spending in a way she did not intend. 

The lawsuit reads that WOW Vegas “uses free ‘social gaming’ as a pretext for real, online gambling.”

It also states that the dual-currency model is misleading and that the Sweeps Coins used to play games are gambling. 

Wieseman wants the money she spent back and punitive damages, along with a court-issued injunction against "wrongful acts and practices" involving violating Illinois gambling law.

Before anything is ruled on, though, it'll have to be determined if there is a class to certify. 

The Terms and Conditions

WOW Vegas has extensive terms and conditions, which state that all disputes with the company must be resolved through arbitration. 

"...you and MW Services Limited agree that the arbitration of a Dispute will proceed on an individual basis and neither You nor MW Services Limited may bring a claim as a Collective Action.” The terms define a collective action as “any claim as part of a class, group, collective, coordinated, consolidated, mass, or representative proceeding, whether by arbitration or in court.”

Wieseman does address that, though. 

Her complaint says, “in Illinois, all contracts based wholly or partly on money or value obtained through illegal gambling are [sic] void” and “as a result, defendant may not invoke any contractual defenses—including arbitration clauses, choice-of-law provisions, or class action waivers…”

Players can opt out of arbitration agreements. For new users, they must email within 30 days of creating an account. 

We'll see what comes of this, if anything, starting with the court exploring if there's a class to certify.