Problem Gambler’s Case Against BetMGM Reaches Appeals Court
There is no end in sight to the legal dispute between BetMGM and an individual claiming to be a compulsive gambler.
BetMGM appeal over gambling case heads to Third Circuit Court.
LISTEN TO THIS ARTICLE:Appeals Court Examines Antar’s Claims
Sam Antar, the plaintiff and nephew of the founder of the defunct “Crazy Eddie” electronics chain, recently filed an appeal to advance the lawsuit. The case was brought before the US Third Circuit Court of Appeals on Tuesday, 10 December, where a three-judge panel began reviewing the details. Earlier this year, US District Judge Madeline Cox Arleo dismissed the lawsuit, which alleges that BetMGM used casino bonuses to exploit Antar, despite his significant financial losses. Antar claims to have lost over $30 million gambling online with the operator.
During the latest hearing at the Philadelphia courthouse, Matthew Litt, Antar’s attorney, argued that the case targets an operator’s proactive encouragement of gambling. Litt explained that the lawsuit isn’t targeting an operator that “passively” allows a problem gambler to continue playing, but focuses on those that are “aggressively enticing” known problem gamblers.
A key point of contention involves the 1,800 text messages BetMGM sent Antar over six months starting in June 2019. The lawsuit accuses the company of negligent behavior, claiming its VIP hosts continued sending enticing offers and bonuses despite being aware of Antar’s gambling addiction.
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BetMGM’s Defense Highlights Regulatory Role
Matthew McGill, an attorney representing BetMGM, countered that the New Jersey Division of Gaming Enforcement (DGE) does not prohibit operators from sending promotional texts. McGill argued that the DGE, not the courts, is better equipped to make decisions in such cases. He described the DGE as “the more competent body” for issuing a ruling on whether BetMGM’s practices were inappropriate.
Under the current Casino Control Act (CCA), casino operators in New Jersey are not required to proactively identify or intervene with problem gamblers. Dan Reinhart, another attorney for BetMGM, reiterated the absence of regulatory obligations in this area.
The judges at Tuesday’s hearing also raised broader questions, including whether Antar would have lost similar amounts with other online operators if BetMGM had taken different actions. They questioned the extent to which the promotional texts influenced Antar’s losses and how much of the damages could be directly attributed to the operator’s conduct.
Although no decision was made on Tuesday, the case is scheduled to continue with further proceedings later this week.
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