EVERETT, MASS. (WHDH) - A federal court judge denied Encore Boston Harbor’s request to dismiss a lawsuit that claims the casino cheated Blackjack players and withheld slot machine winnings.

Judge Allisson D. Burroughs came down with her decision on Thursday, according to Attorney Joshua N. Garick, who filed the lawsuit about a year ago.

“My client and I, and the putative class of casino gamblers we represent, are thrilled with this decision. This is a complete vindication of our allegation that Encore was not playing by the rules,” Garick said in a statement. “As the Encore casino re-opens its doors on Monday July 12, 2020, we hope that Encore is guided by the Court’s
decision.”

The lawsuit alleges that Encore tilted the Blackjack payout odds against players in violation of state law.

It claims that Encore “paid its customers odds of 6 to 5 when a player is dealt a blackjack, when Massachusetts law clearly and unambiguously states that a player who is dealt a blackjack shall be paid at odds of 3 to 2.”

The suit also argues that Encore failed to refund slot credits to customers once a player cashed out on a machine.

“When a slot player cashes out his or her winnings at a ticket redemption machine positioned throughout the casino, these machines only pay out in whole dollar amounts, without paying change, and without instruction on how to obtain the balance,” the lawsuit reads. “The unredeemed change, therefore, is never returned to the player and is simply added to Encore’s coffers.”

Encore moved to dismiss the lawsuit after the Massachusetts Gaming Commission’s preliminary investigation found that Wynn Resorts appeared to be complying with state gambling regulations.

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