JACKSON, Miss. (Legal Newsline) - MGM Resorts wants a federal judge to throw out a lawsuit brought by an unhappy gambler who couldn't figure out how to redeem a ticket for 19 cents.
leane Scherer brought a class action against MGM in September in Mississippi federal court, alleging breach of contract, unjust enrichment and other claims. The suit says MGM has deprived hundreds of thousands of casino patrons with a "no-change policy" that forces gamblers to visit the casino cage to get their change.
Scherer cashed out for $18.19 at the Beau Rivage casino. She took the voucher to an automated kiosk, which gave her $18 in cash and a ticket redeemable at the cage for 19 cents.
That ticket is known as a Tru Tricket.
"(T)he court has no jurisdiction over Plaintiff's case," MGM says. "The Mississippi Gaming Control Act... grants the Mississippi Gaming Commission exclusive jurisdiction over patron claims that involve 'gaming debt.'"
A 2019 Mississippi Supreme Court ruling determined vouchers qualify as "gaming debts," the motion says.
"The other bad news for Plaintiffs is that the practices at MGM casinos with regard to the Tru Tickets vary widely, making the issue particularly unsuitable for class certification," the motion says.
"And the vast majority of expired Tru Ticket funds at MGM's various casinos escheat to the states every year. In short, Plaintiff's lawyers' notion of a diabolical national scheme concocted by MGM to steal its customers' loose change represents a figment of their admittedly creative imaginations."
Drury Holland and James Wyly III of Phelps Dunban and Bethany Kristovich and Jonathan Altman of Munger, Tolles & Olson represent MGM.
Scherer and the class seek monetary relief and all other just relief. They are represented by Sternberg, Naccari & White.