Mason v. Machine Zone, Inc., No. 15-2469 (4th Cir. 2017)Annotate this Case
Plaintiff filed a class action against Machine Zone, alleging a claim under Maryland's gambling loss recovery statute, Md. Code Ann., Crim. Law 12-110. Plaintiff claimed that she and thousands of similarly situated individuals lost money participating in an unlawful "gaming device," a component of Game of War that allows players to "spin" a virtual wheel to win virtual prizes for use within that video game. Plaintiff also asserted claims on her behalf and or the alleged class under the California Penal Code, and the California Unfair Competition Law (UCL), Cal. Bus. & Prof. Code 17200, et seq., as well as a common law claim of unjust enrichment. The district court dismissed the complaint under Rule 12(b)(6). Plaintiff appealed only from the district court's dismissal of her claim under the Loss Recovery Statute. The court held that the district court correctly concluded that plaintiff did not "lose money" within the meaning of the Loss Recovery Statute as a result of her participation in the Game of War casino. Accordingly, the court affirmed the judgment.