The New Jersey appeals court has revived a lawsuit by a Vermont man who traveled to an Atlantic City casino for a poker tournament that was eventually dropped.
Michael Bandler said in the lawsuit he traveled to Atlantic City’s Golden Nugget in early 2015 after seeing an advertisement that the tournament would offer $ 150,000 in prize money.
The tournament started but was canceled by the casino due to the low number of registered players. Bandler was awarded a small amount of prize money for winning one of the events. The lawsuit claims the casino ad is misleading and violates the state’s JoniQQ consumer fraud laws.
Casinos argue that the state’s Gaming Enforcement Division has jurisdiction over casino advertising, predating consumer fraud laws. The casino also argued that the ad said the tournament could be canceled at any time and did not say the money was guaranteed.
The lower court dismissed the lawsuit, but the appellate court overturned Wednesday, with the panel writing that the consumer fraud law applies and that “the omitted casino stated that it intended to pay $ 150,000 only as long as enough people signed up, and the only indirect reference. to that intention is a disputed disclaimer in fine print of official rules and the right to modify or cancel events. “
A message seeking comments was left at the casino.
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