(Breach of Contract)    (Violations of the New Jersey Consumer Fraud Act - N.J.S.A. 56:8-1 et seq.)   (Violation of Truth-in-Consumer Contract, Warranty and Notice Act [TCCWNA],  N.J.S.A. 56:12-14)   1.    This is a consumer class action asserting a class of all persons who, nationwide  and/or in the State of New Jersey, played slot machines at the Revel Casino with a Revel Card  during the month of July 2013, lost monies and sought a slot refund coupon pursuant to the Revel  Casino promotion and offer that stated “You Can’t Lose”, “All July Slot Losses Refunded”, “Free  Slot Play!” (hereinafter the “You Can’t Lose Promotion” or the “Promotion”) (See Exhibit A –  Email of Promotion). Revel Casino advertised, marketed and distributed the promotion that “You  Can’t Lose, All July Slot Losses Refunded.”  Revel Casino is owned by Defendants Revel AC, Inc.,  Revel AC, LLC and Revel Entertainment Group, LLC.    12.  This action may properly be maintained pursuant to the provisions of F.R.C.P. 23 as  a class action as it satisfies the numerosity, commonality, typicality and adequacy requirements of  the Rule.  Plaintiffs seeks to certify two classes, a damage class as in addition to the above noted  requirements, the proposed class meets the predominance and superiority requirements of Rule  23(b)(3) as well as an injunctive class as the action also satisfies the requirements of Rule(b)(2)  inasmuch as Revel has acted on grounds generally applicable to the Class making injunctive relief  appropriate with respect to the Class as a whole.   13.    While the precise number of members cannot be ascertained without discovery,  plaintiff believes that the Class is composed of hundreds, if not thousands, of persons who all are  citizens of the United States who lost more than $100 in slots or electronic gaming devices at Revel  Casino while playing with a Revel Card during July 2013 and received a free slot coupon for their  losses, the joinder of whom in one action is impractical.  The disposition of their claims in a class  action will provide substantial benefits to both the parties and the Court. The numerosity  requirement of F.R.C.P. 23(a)(1) is therefore satisfied.   15.    Rule 23(a)(2) and (b)(3) are both satisfied because there are questions of law and fact  which are common to the Class and which predominate over questions affecting any individual class  member.  The common questions include, inter alia, the following:  a.  Whether Defendants breached any express or implied warranties when they sold  the “You Can’t Lose Promotion”;  b.  Whether Defendants’ business practices constitute violations of the New Jersey  Consumer Fraud Act;  c.  Whether Defendants’ conduct in failing to adequately disclose the relevant facts  concerning the “You Can’t Lose Promotion” constitutes a violation of the New Jersey Consumer  Fraud Act;  d.  Whether Defendants violated the New Jersey Truth-in-Consumer Contract,  Warranty and Notice Act [“TCCWNA”], N.J.S.A. 56:12-14;  e.  Whether the Class has been damaged and/or suffered irreparable harm and, if so,  the extent of such damages and/or the nature of the equitable and injunctive relief which each  member of the Class is entitled.   17.    Plaintiff’s claims and the claims of members of the Class all derive from a common   nucleus of operative facts.     18.   In satisfaction of F.R.C.P. 23(a)(3) and 23(a)(4), Plaintiff is asserting claims that  are typical of the claims of the entire Class, and Plaintiff will fairly and adequately represent and  protect the interests of the Class in that Plaintiff has no interests that are antagonistic to those of the  other members of the Class.  Plaintiff anticipates no difficulty in the management of this litigation  as a Class action.  Plaintiff has retained counsel who are competent and experienced in the  prosecution of class action litigation.   19.   Pursuant to F.R.C.P. 23(b)(1) and (b)(2), in connection with Revel’s continued  promotions, advertising, and marketing of the allegedly deceptive “You Can’t Lose” Promotion,  Defendants have acted or refused to act on grounds generally applicable to the Class, making  injunctive and/or declaratory relief appropriate with respect to the Class as a whole.  2.    Plaintiff brings this class action to secure both injunctive relief and compensatory  relief on behalf of individuals and entities who have suffered harm as a result of the promotion.   Plaintiff asserts the claims on behalf of himself and the Class for injunctive relief and damages  against the Defendants for breach of contract, violation of the New Jersey Consumer Fraud Act and  violations of the Truth-in-Consumer Contract, Warranty and Fraud Act (N.J.S.A. 56:12-14 to  12-18).      22.  Revel advertised and marketed its “You Can’t Lose Promotion” through television,  radio, direct email campaigns and other methods. (See Exhibit A – Email of “You Can’t Lose  Promotion”)   23.  Its promotion in advertising and marketing stated the following, “You Can’t Lose,  All July Slot Losses REFUNDED, Gamblers Wanted”.  Although the advertising and marketing of  the “You Can’t Lose Promotion” are very clear, the terms of the offer show the promotion to be  deceptive and a misrepresentation.  First, you must lose more than $100 and all losses must be  tracked by the use of a Revel Card during the losses. Second, gamblers do not get refunded their  losses, they do not receive cash back for the cash they lost.  They receive a casino loss refund  coupon that may be used towards gambling on slots and electronic gaming machines again.   Exposing those loss refund coupons to gambling odds, as opposed to refunds in cash, almost  certainly causing the gambler to lose their supposed refund.  More onerous, the loss refund must be  used over a twenty week period in equal installments in coupons as an equal fraction of the losses.  (See Exhibit B – July Slot “Loss” Refund Coupons)  Finally, this twenty week coupon period  forces gamblers to come back to Revel for twenty weeks in a row to use their coupons or face losing  their coupon loss refund for each week in which they did not come back to play, it’s a “use it or lose  it” policy.     25.  The terms of the offer in Revel’s Rules & Regulations state in part the following:  • Void where restricted by law.  • Promotion play qualification period is 6 am Monday, July 1, 2013 through 5:59am on  Thursday, August 1, 2013.  • To qualify, A Revel Card Member must have a minimum actual loss of $100.  Loss refunds  will be capped at an actual loss of $100,000.  • Only carded ratings on an electronic gaming device are eligible.  This includes, but is not  limited to, slot machine, video poker machine and digital table games (games that you are  able to insert your Revel Card into).  • Actual loss is defined as: coin in minus coin out minus promotional free slot play to receive  the true value of customer loss.  Promotional free slot play will not be included in the  calculation to determine actual loss.  Ratings other than those from a slot machine, slot reel  machine, electronic table game or video poker machine will not be included in the  calculation to determine actual loss refund for the customer.  • Loss refund will be paid over 20 weeks as a weekly free slot play offer beginning August 7,  2013.  Eligible Revel Card Members must use the weekly free slot play during the seven day  valid period each week or it will be forfeit.  Unused free slot play once expired will be  invalid and will not be reinstated.  Free slot play is non-transferable.  (See Exhibit C – “Rules & Regulations”)   26.  Plaintiff alleges that, at all relevant times, Defendant knew the “Promotion” did not  make actual cash refunds of the losses, and did not refund the cash lost by consumers in its slots or  electronic gaming machines.    28.   Revel advertises, markets, sells and distributes promotions for its Revel gambling  casino.  Among such promotions was the “You Can’t Lose Promotion” made through television,  radio, direct email campaigns and other methods.   29.  Its promotion in advertising and marketing stated the following, “You Can’t Lose,  All July Slot Losses REFUNDED, Gamblers Wanted”.  The advertising and marketing of “the  Promotion” are very clear.  However, the consumer eventually learns that the actual terms of the  offer differ substantially, masking the promotion deceptive and a misrepresentation.  The consumer  must lose more than $100 and all losses must be tracked by the use of a Revel Card during the losses.  Second, consumers do not get refunded their losses as they do not receive cash back for the cash  they lost.  They receive a casino loss refund coupon that may be used towards gambling on slots and  electronic gaming machines again.  Exposing those loss refund coupons to gambling odds as  opposed to refunds in cash, almost certainly causes consumers to lose any alleged “refund” making  the offer illusory as best.  More onerous, the loss refund must be used over a twenty week period in  equal installments in coupons as an equal fraction of the losses.  Finally, the requisite coupon period  is spaced out over twenty (20) weeks, thus forcing the consumer to come back to Revel for twenty  (20) weeks in a row to use their coupons or face losing even the  coupon  for each week in which  they did not come back to play.  In essence, even the chance to win back any of one’s losses in the  illusory offer is based on a twenty week “use it or lose it” policy.     31.  Plaintiff alleges that in violation of N.J.S.A. 56:8-2, the Defendants advertised,  marketed and sold the “Free Slot Play” and “All July Slot Losses Refunded” Promotions through  use of affirmative misrepresentations, omissions of material facts with the intent that consumers  rely thereupon, as well as the use of an unconscionable commercial practice.  Specifically, the  statements contained in the advertising and marketing of the “Free Slot Play” and “All July Slot  Losses Refunded” Promotions contain affirmative misrepresentations in that the slot play is not free,  as it is not refunded in cash but in coupons with severely limited restrictions as stated above. Further,  the knowing advertising and marketing of the Promotions as “losses refunded” when the losses are  not refunded in cash represent an unconscionable commercial practice.   32.   Plaintiff and other class members have suffered an ascertainable loss as a result of  the unlawful acts complained of in the proceeding paragraphs and are therefore entitled to the relief  afforded by N.J.S.A. 56:8-19, including monetary relief and injunctive.    33.   Plaintiff realleges and reincorporates by reference paragraphs 1 through 32 above  as though set forth in full herein.   35.   Revel breached this implied covenant by selling to the Plaintiff and other class  members a Promotion that was misrepresented in that it did not refund monies to consumers but  coupons with free slot play with very restrictive terms of redemption that were exposed to the odds  of gambling again.     36.  As a result of this breach, Plaintiff and other members of the class have suffered  damages.  37.  Plaintiff realleges and reincorporates by reference paragraphs 1 through 36 above  as though set forth in full herein.   38.  TCCWNA provides in part that:  “No seller…shall in the course of his business offer to any consumer or prospective  consumer or enter into any written contract or give or display any written consumer warranty, notice  or sign…which includes any provision that violates a clearly established right of a consumer or  responsibility of a seller…as established by State or Federal Law at the time the offer is made or the  consumer contract is signed or the warranty, notice or sign is given or displayed.”   4.  Thus, in reality, consumers would receive only a 1/20th credit of their losses to play  each week that must be played or lost that week.  Consumers would therefore not receive their  monies back as advertised but merely a coupon giving them the opportunity to further play slots that  which were subject to the same odds of losing when gambling.  Simply put, the slot losses of July  are NOT REFUNDED AS CASH.  Instead consumers must play the odds of gambling with any  “refunds” they are credited with AND they must play 1/20th of their losses each week over a 20  week period or they lose that part of their losses forever.  40.  Revel’s “All July Slot Losses Refunded” Promotion that was displayed and written  in emails and television is deceptive in that the losses are not refunded in cash and the slot coupon’s  are severely restrictive in terms of use.  This is an unconscionable commercial practice violative of  the New Jersey Consumer Fraud Act, a breach of contract and violative of the implied covenant of  good faith and fair dealing.  As Revel’s Promotion is violative of a clearly established consumer  right and/or of the responsibilities of the seller, Revel has violated the Truth-in-Consumer Contract,  Warranty and Notice Act.   41.    Revel’s “Rules & Regulations” for the Promotion states, “Void where prohibited or  restricted by law” without specifying which provisions are or are not void, unenforceable or  inapplicable within the State of New Jersey also a violation of TCCWNA.    42.  TCCWNA provides that : “any person who violates the provisions of this act shall  be liable to the aggrieved consumer whom he aggrieved or injured for a civil damages penalty of not  less than $100.00 or for actual damages, or both at the election of the consumer, together with  reasonable attorney’s fees and court costs.  The rights, remedies and prohibitions accorded by the  provisions of this act are hereby declared to be in addition to and cumulative of any other right,  remedy or prohibition accorded by common law, Federal law or statutes of this State.     NATURE OF THE CASE  