Deal or No Deal facing illegal gambling lawsuit

Dr. Jack · #1 02-27-2008, 07:15 AM

NBC game show faces illegal gambling lawsuit

By BILL RANKIN
The Atlanta Journal-Constitution
Published on: 02/27/08

When a Forsyth County couple sent 99-cent text messages trying to win a prize on the NBC game show "Deal or No Deal," they engaged in illegal gambling and should get their money back, a lawyer told the Georgia Supreme Court on Tuesday.

So should all other Georgians who sent text messages in the show's "Lucky Case Game" and lost, lawyer Jerry Buchanan said. A judge hearing the case has estimated the bounty could reach tens of millions of dollars.

The unusual federal lawsuit, which seeks class-action status, was filed last year by Michael and Michele Hardin against NBC Universal Inc. and two other companies affiliated with the show.

The case is before the state Supreme Court because Senior U.S. District Court Judge William C. O'Kelley asked the justices to answer two questions: Does Georgia law allow losers of an illegal lottery to recover the money they lost? And, if so, may the losers recover that money from the lottery's promoter or organizer?

NBC's "Deal or No Deal," hosted by Howie Mandel, debuted in December 2005 to surprisingly robust ratings. It remains the most popular game show on television, by averaging 14 million viewers this season on Mondays and 11.5 million viewers on Wednesdays.

In the past, viewers were invited during each broadcast to play the "Lucky Case Game" by choosing which of six on-screen gold briefcases was the lucky case. Viewers submitted their choice on the Internet for free or through a text message that cost 99 cents. At the end of the program, the winning briefcase was revealed, and the winners were entered into a random drawing. The winner of that drawing received a prize of as much as $10,000.

Buchanan, a Columbus lawyer, called the game an illegal gambling operation. Since the 1760s, he said, Georgia law has allowed losers of such an operation to sue to get their money back.

The court should not turn a blind eye "and let NBC rake in millions of dollars" on illegal gambling, Buchanan said during arguments Tuesday held at Emory University law school.

Georgia's government-sponsored lottery is acceptable, Buchanan said. "But NBC cannot come in and set up a private lottery and take Georgians' money for themselves."

Joe Loveland, an attorney for NBC, said the "Lucky Case Game" is a promotional game, not a lottery. In addition, NBC is not the "winner" of the game, Loveland said.

"The winner is the guy holding up that great big check on TV," he said.

Since the Georgia lawsuit and at least one more in California were filed, NBC has halted the "Lucky Case Game."

Staff writer Rodney Ho contributed to this article.