A class-action lawsuit filed in Texas alleges that skill-based games platform Avia Games used bots in what were supposed to be human-vs-human games.
The lawsuit follows an earlier lawsuit filed by Skillz, which accused Avia Games of directly copying its skill-based games, which feature players being able to wager money on the outcomes. These games circumvent gambling laws due to being games of skill, not chance. This contention changes if players aren’t playing against other humans. The Skillz case alleges that Avia Games is utilizing illegal gambling in its operations, and the class-action suit tacks on racketeering and fraud.
The two people who initially filed the suit, Andrew Pandolfi and Mandi Shawcroft, claimed they lost thousands collectively, per estimates, on Avia Games platforms they would not have spent if they had known they were playing against bots.
“Avia users collectively have wagered hundreds of millions of dollars to compete in these games of “skill” against what Avia says are other human users,” the class-action lawsuit claims. “However, as it turns out, the entire premise of Avia’s platform is false: Instead of competing against real people, Avia’s computers populate and/or control the games with computer “bots” that can impact or control the outcome of the games. Instead of being games of skill as advertised, Avia’s games are manipulated games of chance that amount to an unapproved gambling enterprise.”
The class-action lawsuit also directly references information found by Skillz in its allegations. The Skillz vs Avia Games lawsuit is set for trial on Feb. 2, 2024.
The plaintiffs in the class-action lawsuit are seeking consumer protection claims under Californian law for “the deceptive and unfair business practices employed by Avia,” as well as the RICO statute.
