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Judge Lets Social Casino Lawsuits Against Apple, Google and Meta Proceed After Section 230 Bid Fails

The ruling shifts the fight to an immediate 9th Circuit test of platform immunity under Section 230.

Overview

  • U.S. District Judge Edward Davila in San Jose denied motions to dismiss class actions accusing the companies of profiting from casino-style apps.
  • Davila held the firms were not acting as publishers when processing payments, so Section 230 does not shield their payment conduct.
  • Most consumer-protection claims move forward, with some state-law counts dismissed and California consumer-law claims excluded.
  • Plaintiffs allege the platforms promoted an 'authentic Vegas-style' experience and took roughly 30% from in-app purchases, estimated above $2 billion.
  • The judge authorized immediate appeals to the 9th U.S. Circuit; the consolidated cases, filed since 2021, seek unspecified compensatory and treble damages.