Sweepstakes company VGW has filed its motion to dismiss a class action lawsuit brought against it in Northern Georgia District Court.
The suit, filed by Destiny Kennedy, alleges that VGW brands like Luckyland, Chumba and Global Poker are operating as a legal casino in the state.
According to VGW, this is one of ten lawsuits a Georgia man has attempted to file in the state, including a similar case last year under John Doe that was sent to arbitration by the court.
In this instance, Kennedy opted out of the arbitration clause of the November 2023 terms and conditions on a VGW site.
VGW says case belongs in Delaware or Malta court
In the motion to dismiss, VGW said that, even if Kennedy opted out, the Georgia court does not have jurisdiction over the case. In the company’s terms and conditions, it stipulates that any legal action outside of arbitration will take place in either Delaware, where VGW’s U.S. operations are based, or Malta, the home base of VGW Malta.
Moreover, the terms and conditions, per VGW, also exclude class actions.
With that in mind, VGW argued that, at minimum, the court needs to send the suit to the Delaware District Court.
Sweeps company says Kennedy failed to maintain arbitration opt-out
In a separate filing, the company also filed a motion to compel arbitration. In that motion, VGW argued that, though Kennedy opted out of the arbitration clause of November terms and conditions, she failed to do so when the company issued an updated version of terms and conditions in December. Accordingly, they are seeking if the court denies the motion to dismiss or transfer the case, to compel arbitration.
This is one of a number of law suits against VGW and other companies within the sweepstakes industry. As was the case in a previous suit against VGW in Georgia, some have been sent to arbitration and, to date, none have issued a legal interpretation on the sweepstakes casino product.
