Case Document 128-8 Filed 02/20/20 Page 1 of 5 Exhibit 8 DocuS gn Enve ope ID: FC7F32A2-91F5-4BBE-B835-0879FFE17DA7 Case 2:19-cv-00199-RBL Document 128-8 Filed 02/20/20 Page 2 of 5 1 The Honorable Ronald B. Leighton 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 9 10 11 CHERYL KATER and SUZIE KELLY, individually and on behalf of all others similarly situated, 12 13 14 15 16 Plaintiffs, v. CHURCHILL DOWNS INCORPORATED, a Kentucky corporation, and BIG FISH GAMES, INC., a Washington corporation. Defendants. 17 18 MANASA THIMMEGOWDA, individually and on behalf of all others similarly situated, 19 22 23 24 No. 19-cv-00199-RBL Plaintiff, 20 21 No. 3:15-cv-00612-RBL v. BIG FISH GAMES, INC., a Washington corporation; ARISTOCRAT TECHNOLOGIES, INC., a Nevada corporation; ARISTOCRAT LEISURE LIMITED, an Australian corporation; and CHURCHILL DOWNS INCORPORATED, a Kentucky corporation, 25 26 Defendants. 27 DECLARATION OF CRYSTAL FAIR 1 T OUSLEY B RAIN STEPHENS PLLC 1700 Seventh Avenue, Suite 2200 Seattle, Washington 98101-4416 Tel: 206.682.5600 • Fax: 206.682.2992 DocuS gn Enve ope ID: FC7F32A2-91F5-4BBE-B835-0879FFE17DA7 Case 2:19-cv-00199-RBL Document 128-8 Filed 02/20/20 Page 3 of 5 1 2 3 DECLARATION OF CRYSTAL FAIR I, Crystal Fair, pursuant to 28 U.S.C. § 1746, declare as follows: 1. I first downloaded Big Fish Casino in approximately 2014. I was looking at free 4 slot games to download and play in the Apple App Store and Big Fish Casino caught my eye 5 being it was a “social” casino where at that time you could chat with players who were on the 6 same table as you. I also installed Jackpot Magic Slots when it first came out. Fortunately for me, 7 for some reason Jackpot Magic Slots just never had the same appeal of Big Fish Casino, so I 8 rarely ever play it. 9 2. I spent the better part of the last four to five years playing BFC, anywhere from 10 two to four hours a day until it became 10, 12, 16, and then 20 hours a day. There were times it 11 was nearly 24 hours a day. 12 13 14 3. Overall, I believe that I’ve spent approximately $500,000 on chips in Big Fish Casino. 4. I am addicted to Big Fish Casino. I am addicted to the gambling features of the 15 casino, and I am also addicted to the social features of the casino. At first, when I stupidly 16 decided to buy chips/gold, which were anywhere from $9.99 to $49.99, it wasn’t so bad. In fact, 17 I could play and win enough that my purchases were very few. Then, all of a sudden those wins 18 got a little harder to get at times so I would say, “I’ll buy ONE more time.” Next thing you know 19 “One more time” became one more and one more and those smaller purchases became bigger. At 20 one point in time you had to leave the table and possibly lose your seat in order to access the 21 “store” and make a purchase. Then, Big Fish made it easy for players to spend money by making 22 “store” accessible from our seats at the table. This only fed my addiction. 23 5. I used to look forward to getting on and playing and socializing with the 24 numerous friends I’d made. That is until these so-called friends always wanted my help. So I 25 started playing in (and still do most of the time) private rooms by myself. During this period is 26 when my spending really started getting out of control. There were multiple times I would max 27 out my Visa bank card, which has a $1000.00 to $1500.00 daily limit for “cash.” I would take DECLARATION OF CRYSTAL FAIR 2 T OUSLEY B RAIN STEPHENS PLLC 1700 Seventh Avenue, Suite 2200 Seattle, Washington 98101-4416 Tel: 206.682.5600 • Fax: 206.682.2992 DocuS gn Enve ope ID: FC7F32A2-91F5-4BBE-B835-0879FFE17DA7 Case 2:19-cv-00199-RBL Document 128-8 Filed 02/20/20 Page 4 of 5 1 my card off of iTunes and put my husband’s card on to make purchases until the new banking 2 day began. Then I’d take his off and put my card back on iTunes and the cycle of buying chips 3 and gold would begin again on a new day. And yes, there were times I’d max his card out for the 4 day as well. I have considered walking away for good but then I think of all my time and more 5 importantly all my money and it’s hard to walk away. That’s how I know I’m addicted. 6 7 8 9 6. I did not see the “pop-up” window talking about new Terms of Use that Big Fish began showing to users on October 14, 2019, but I’ve heard about it, and expect I’ll see it soon. 7. I believe Big Fish is acting unfairly and taking advantage of my addiction. I feel like I’ve been targeted by Big Fish due to my spending and when my spending stops or slows 10 down for a while my losses seem to occur for a longer period of time. And it seems like anytime 11 I’ve emailed my VIP rep to ask questions in regards to unfair play or constant losses, my wins 12 are almost non-existent. It’s like you’re being targeted, called out, or punished for even 13 questioning or letting them know your unhappy 14 8. I’ve become a homebody. I’ve isolated myself from a lot of my friends and some 15 family. And since most of this year has been nothing but a bust as far as wins, I’ve spent more 16 time angry and depressed. It’s taken an enormous toll on my mental health, which is leading to 17 physical pain as well. I think about all of the money I’ve spent on what was a way to relax and 18 have fun with others to thinking about how much it’s all changed for the worse. Everything from 19 odds/wins and to how much money was actually spent for a terrible experience rather than a 20 good one. I’ve made some true lifelong friends on Big Fish and I’m grateful for that, but if I 21 could go back to the point in time when I installed Big Fish Casino, I’d never ever have done it. 22 9. Big Fish is lying when they say they treat all players fairly and equally. They say 23 that all players have the same odds, no “favoritism,” and that we all have an equal chance. From 24 my experience, that is simply not true. 25 26 10. I do not agree to mandatory arbitration or to waive my right to participate in a class action lawsuit against Big Fish. 27 DECLARATION OF CRYSTAL FAIR 3 T OUSLEY B RAIN STEPHENS PLLC 1700 Seventh Avenue, Suite 2200 Seattle, Washington 98101-4416 Tel: 206.682.5600 • Fax: 206.682.2992 DocuS gn Enve ope ID: FC7F32A2-91F5-4BBE-B835-0879FFE17DA7 Case 2:19-cv-00199-RBL Document 128-8 Filed 02/20/20 Page 5 of 5 1 2 11. I believe that other Big Fish Casino and Jackpot Magic Slots players feel the same way as I do about these issues. 3 4 I declare under penalty of perjury that the above and foregoing is true and correct. 5 6 Executed on this 31st day of October at ______________,_________________ 7 8 9 _____________________________ CRYSTAL FAIR 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DECLARATION OF CRYSTAL FAIR 4 T OUSLEY B RAIN STEPHENS PLLC 1700 Seventh Avenue, Suite 2200 Seattle, Washington 98101-4416 Tel: 206.682.5600 • Fax: 206.682.2992