Industry Reaction to Common Cause Critique

I-gaming experts agree that the likelihood of Common Cause filing class-action lawsuits against the gaming industry is small.

The lobbying group, whose president spearheaded consumers' class-action lawsuits against tobacco companies, said recently that gaming companies are failing to adequately warn people of harm related to problem gambling.

Cory Aronovitz, founder of the Casino Law Group, said litigation would be almost impossible.

"I just don't see a way of doing it, there is no way to get federal jurisdiction," Aronovitz said. "This would be too difficult and too expensive to do, it really doesn't make a lot of sense to me."

Even so, Scott Harshbarger, president of Common Cause, believes someone needs to address problem gaming.

"We are calling on the industry to participate in a broad, informed debate, and have public policy met by discussion and debate and with an active citizen involvement," Harshbarger said.

Harshbarger also said there needs to be more information readily available to citizens informing them of the problematic effects of gambling.

"The more information that is made available, the less likely it is that expanded gambling occurs, because there are so many known consequences," Harshbarger said.

Harshbarger raised some eyebrows in late June in an article on the news Web site CBS MarketWatch. In the article, Harshbarger said his group would resort to lawsuits against the gambling industry.

"Litigation is the last resort," Harshbarger told IGN.

Cleve Medifor, press secretary for Common Cause, confirmed that Common Cause’s concern about problem gambling might escalate to litigation.

If this situation were to materialize into a courtroom battle, there is no question it would become an expensive and lengthy endeavor.

"Filing class action lawsuits is a very drawn-out process and it would take a very long time," said Frank Catania of Catania Consulting.

Catania, a former gambling regulator for New Jersey, said he can’t see class-action lawsuits against the gambling industry moving past the preliminary stages. Some states, he said, such as New Jersey, receive funding from the gambling industry.

"Common Cause is just after publicity, I really do not see this moving past the preliminary stages," Catania said.

Aronovitz, who is also an adjunct professor of gaming law at the John Marshall Law School in Chicago, concurs with Catania.

"If this case were in federal court, then Common Cause would have to rely on federal law and as of right now there is no federal law that prohibits legalized gambling," Aronovitz said.

"What about bingo--the Roman Catholic churches' bingo nights," Aronovitz said. "That could be considered gambling. People could be addicted to bingo. I think for some reason Common Cause is just trying to get headlines."