July 15, 2019
The Law Offices of Joshua N. Garick, P.C. has filed a class action lawsuit in the Middlesex County Superior Court against the Encore Boston Harbor casino, and its parent companies Wynn MA, LLC and Wynn Resorts, Ltd.
The lawsuit alleged that the $2.6 billion newly opened Everett, Massachusetts casino resort tilted the Blackjack payout odds against the player in violation of Massachusetts law. Specifically, the complaint alleged that Encore “paid its customers odds of 6 to 5 when a player is dealt a blackjack, when Massachusetts law clearly and unambiguously states that a player who is dealt a blackjack shall be paid at odds of 3 to 2.” The lawsuit questioned Encore’s motivation in shifting the odds in its favor. “In casino gaming, it is said that the house always wins.” The lawsuit stated. “With the odds so drastically in its favor, it is unfathomable that a casino would intentionally resort to cheating so as to increase its statistical edge over the player even more.”
Although the complaint did not specify damages, it was estimated that this unlawful change in payout ratio reduces payouts to players in the aggregate amount of $85,440.00 each day, which could mean an additional $30 million more in profits to Encore each year.
The lawsuit also addressed Encore’s failure to refund slot credits to customers once a player cashed out on a slot machine. “When a slot player cashes out his or her winnings at a ticket redemption machine positioned throughout the casino, these machines only pay out in whole dollar amounts, without paying change, and without instruction on how to obtain the balance. The unredeemed change, therefore, is never returned to the player and is simply added to Encore’s coffers.”
The complaint alleged unfair and deceptive business practices, breach of contract, conversion and theft. The lawsuit seeks to certify a class consisting of all Encore Boston Harbor casino customers who played a slot machine or Blackjack at a table offering a payout of 6 to 5 when being dealt a blackjack.
A copy of the class action complaint can be viewed by CLICKING HERE.
The lawsuit was filed by consumer advocate and class action attorney Joshua N. Garick, Esq. of Reading, Massachusetts. Anyone affected or injured by Encore Boston Harbor can obtain more information by contacting Attorney Joshua Garick at Joshua@GarickLaw.com.