Class Claims Revel Casino Cheated Them

MANHATTAN (CN) - Revel casino in Atlantic City lured gamblers by promising to refund all the money they lost on slots in July - then stiffed them, the losers claim in a $35 million class action demand.

Lead plaintiffs Megan Boyd and Rakeen Henderson sued Revel Entertainment Group and Chatham Asset Management, which own and operate the Revel casino resort and hotel, on the Boardwalk in Atlantic City, N.J.

The defendants promoted their $2.4 billion resort with a "Slot Machine Refund Offer" in June and July. They promised: "All July long, we're going to refund all slot losses," You really can't lose" and "That's right. If you win, you win. If you lose, we'll give it all back!" according to the lawsuit.

"As a result of the advertised assurances by defendants that customers would get their money back if they lost, many residents of New Jersey and nearby states flocked to Revel Casino to gamble," the complaint states.

But the Revel told losers, too late, that only losses of more than $100 were subject to the offer, the lawsuit states.

The casino's TV ads showed restrictions in conflicting and virtually illegible fine print that "only flashed on screen for one second which rendered it impossible to read regardless of font size or clarity," according to the complaint.

Here's the fine print: "Revel Card required. Minimum cumulative loss of $100 by July 31, 2013. Loss refunds are capped at $100,000. Only slot, video poker and electronic table game play is eligible. Losses are refunded over 20 weeks beginning August 5, 2013 in the form of Free Slot Play."

The class claims: "No reasonable person having observed the main portion of defendants' slot machine refund offer campaign would rationally conclude that the illegible fine print was consistent therewith. To the contrary, the only reasonable interpretation of the unconcealed portion of the campaign is that slot losses would be immediately refunded to the patrons in cash or the functional equivalent thereof."

A casino spokeswoman declined to comment Wednesday.

The class claims the deceptive ads brought the casino its "first profitable period since its opening 18 months ago."

The proposed class includes residents of New Jersey, New York, Pennsylvania, Maryland, Delaware and the District of Columbia.

Plaintiffs seek restitution, disgorgement and $35 million in damages for consumer fraud, unfair trade, breach of contract and unjust enrichment.

They are represented by Todd Muhlstock with Baker Sanders, of Garden City, N.Y.

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