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The Michigan Supreme Court has ruled that a lawsuit against BetMGM can continue.
Jacqueline Davis is suing BetMGM for $3.2 million, claiming the online casino failed to pay out her winnings from an online roulette game.
Lower courts had previously ruled that Davis could not sue BetMGM because the dispute had to be settled by the Michigan Gaming Control Board (MGCB) under the state’s 2019 Lawful Internet Gaming Act.
The state’s highest court didn’t see it that way. It said while the board could remedy a dispute, it wasn’t the only recourse for settling a complaint.
Not an ‘exclusive remedy’
Michigan Supreme Court Justice Brian Zahra spelled out the MGCB’s role in the Lawful Internet Gaming Act (LIGA) in his opinion.
“Simply because the MGCB may take corrective measures on some matters under the LIGA does not mean that the MGCB is required to take corrective measures on all matters to resolve a dispute between a patron and licensee.
“Further, that the MGCB may act does not indicate that a complaint filed with the MGCB constitutes the exclusive remedy for an aggrieved consumer of online gambling activity.
“Accordingly, we reverse the lower courts’ decisions and remand to the circuit court for further proceedings consistent with this opinion.”
BetMGM Casino Michigan told PlayMichigan on Thursday that it does not comment on pending litigation.
Case continues
The ruling in Davis’ favor keeps her lawsuit alive. She initially filed the suit against the online casino in 2021. After multiple attempts to get the case heard by the Michigan Supreme Court, it finally agreed in May 2024.
Over the course of five days in 2021, Davis racked up $3.2 million in her account playing the Luck o’ the Roulette online game. Davis then went to MGM Grand Detroit to collect $100,000 in cash. After she received the money, her account was suspended and the rest of her balance was frozen.
Her original complaint claimed that a BetMGM employee told Davis a month later that the game had encountered malfunctions, which explained the massive payout.
Davis first filed a complaint with the MGCB under LIGA. She argued that she was not allowed to participate in the investigation and was not made aware of its outcome. That suggested the MGCB does not have the final authority to resolve player disputes against gaming operators, she argued.
The Michigan Supreme Court has seemingly agreed with Davis.
How to file a complaint with the MGCB
The MGCB maintains forms on its website that can be used to file complaints against:
- Michigan online gambling operators
- Detroit casinos
- Tribal casinos
Before filing a complaint with the MGCB, it says people must first attempt to resolve the dispute with the entity or operator.
