A gambling addict from New Jersey is requesting that his claims made against MGM Resorts International are re-examined by the Third Circuit Court of Appeals. Sam A. Antar spoke with the NJ court on Tuesday to see if it would reconsider the case against MGM and its subsidiaries, including BetMGM and Borgata Online.

MGM exploited his diagnosed gambling addiction by plying him with gifts

Antar, a New Jersey-based high roller, alleges that MGM exploited his diagnosed gambling addiction by plying him with gifts, “ceaselessly enticing” him with promo offers and “relentless” financial incentives. He said he received thousands of text messages with these offers during a period when he lost more than $30m gambling.

Despite Antar’s claims, US Circuit Judge Stephanos Bibas said it was unikely they could determine a solution if the claim was successful. Bibas questioned whether Antar would have just lost the $30m anyway due to his gambling addiction. “How can we ascertain how much of his loss was the defense cost?” he asked.

Antar’s defense lawyer, Matthew Litt, highlighted a particular point in time in which the gambling sites in question were made aware of illegal activity. This occurred in August 2019, at the same time that a lawsuit was filed against Antar for defrauding investors out of $550,000, part of which he spent gambling on the sites. Litt claimed this should have rang enough alarm bells for MGM to halt Antar from gambling and stop sending him incentives. However, MGM failed to do so.

The court has not yet come to a decision on the case.