Parnell v. Fanduel, Inc. (Majority, with Dissenting)Annotate this Case
The Supreme Court affirmed the judgment of the circuit court dismissing Appellant's complaint and class action allegations against FanDuel, Inc., holding that Appellant's complaint was devoid of facts upon which he may be entitled to relief.
Plaintiff filed this class action lawsuit alleging that FanDuel ran illegal advertising. Plaintiff alleged violations of the Arkansas Deceptive Trade Practices Act (ADTPA) and unjust enrichment on behalf of himself and the putative class. The circuit court dismissed both Plaintiff's complaint and the class allegations, concluding that the complaint failed to allege an actual loss and that the class allegations could no longer be maintained under the amended ADTPA. The Supreme Court affirmed, holding that Plaintiff's action was not cognizable under the ADTPA and that his unjust enrichment claim failed because Plaintiff did not actually allege that FanDuel was unjustly enriched.