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Skill-based games platform AviaGames is facing a class action lawsuit accusing the company of fraud and racketeering due to the belief it uses bots in games that are only supposed to have human players.


AviaGames offers a range of mobile and browser games, including bingo, pool, block puzzles and traditional card games. Players can compete in tournaments against each other to win cash prizes, or earn tickets as they play that can also be exchanged for cash.


The games are presented as winnable by human skill rather than chance, but GamesBeat reported a class action lawsuit has been filed in Texas that alleges AviaGames’ players are actually competing against bots rather than real people.


In addition to the company itself, the lawsuit names co-founders Vickie Chen and Ping Wang, as well as investors such as Digital Capital Management and Acme Capital, as defendants.


“The entire premise of Avia’s platform is false: instead of competing against real people, Avia’s computers populate and/or control the games with computer ‘bots’ that can impact or control the outcome of the games,” the complaint reads.


“Instead of being games of skill as advertised, Avia’s games are manipulated games of chance that amount to an unapproved gambling enterprise. This action seeks to hold defendants responsible for their deceptive practices and, separately, their racketeering gambling enterprise.”


The lawsuit cites evidence uncovered in ongoing litigation against AviaGames, that of rival skill-based platform Skillz, which has accused the company of copying its game design and infringing on its patents.


Filed in October, Skillz said it has found evidence that AviaGames is using unbeatable bots as player opponents rather than humans, arguing that this constitutes illegal gambling.


The class action builds on this, claiming “every cash game offered by AviaGames in the US has a guide with a robot that guarantees the winning rate in favor of AviaGames against its customers.”


AviaGames did not respond to GamesBeat’s request for comment.


Skillz and AviaGames are due to face each other in court on February 2, 2024.