Cypress, TX asked in Consumer Law, Personal Injury, Constitutional Law and Internet Law for Texas

Q: Is it possible to take legal action against a website that allowed the unethical promotion of a online casino?

I am an individual who is now struggling with a crippling gambling addiction that has ruined my life in every way imaginable in the past 6 months. I was first exposed to this online crypto casino via a live stream on a website where I watched entertainers stream themselves live playing video games, chatting, etc. This website that the user streamed himself playing slots on, didn't require the user to involve the risks associated with getting involved with this website or require him to fully disclose the details of some shady deal he had with the casino. This website allowed users with an enormous reach (millions of followers) to promote this website to users who were likely already vulnerable (ADHD, depressed, etc.). The casino gave these streamers millions of dollars to promote this site knowing that they would gain lifelong whales. Can I take legal action towards the streaming website or individual for the mental/financial damage as a result from the addiction I now have?

2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Back in 2013, a group of class action plaintiffs lawyers met in Indianapolis to discuss the prospects of such litigation on a scale similar to the tobacco litigation.

Since then, a few smaller lawsuits have been filed that have typically ended unsuccessfully for the plaintiffs.

It is possible that they will eventually make changes to existing legal principles in a way that makes such litigation potentially winnable.

Given historical jurisprudential inclinations, my opinion is that Texas will not be on the cutting edge of such litigation.

As with the tobacco litigation, there was a lot of losing before a group of top plaintiffs lawyers joined together to get a victory.

Jaime Victor Papa
Jaime Victor Papa
Answered
  • Plano, TX
  • Licensed in Texas

A: This looks like a tough case, but I willing to learn more in order to formulate an opinion.

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