Chad PARNELL, an Arkansas Citizen on Behalf of Himself and All Other Arkansas Citizens Similarly Situated, Appellant
FANDUEL, INC., Appellee
Rehearing Denied February 6, 2020
[Copyrighted Material Omitted]
FROM THE GARLAND COUNTY CIRCUIT COURT [NO. 26CV-17-639],
HONORABLE LYNN WILLIAMS, JUDGE
Wright, Gray, by: Scott Poynter, of Counsel, and Nate Steel,
Little Rock, for appellant.
Eldredge & Clark, LLP, Little Rock, by: William A. Waddell,
Jr., for appellee.
A. WOMACK, Associate Justice
Appellant Chad Parnell filed a class-action lawsuit against
FanDuel, Inc., in the Garland County Circuit Court, alleging
violations of the Arkansas Deceptive Trade Practices Act
(ADTPA) and unjust enrichment on behalf of himself and the
putative class. The circuit court dismissed Parnells
complaint and the class-action allegations. We affirm.
Parnell opened an account with FanDuel, which offers
Internet-based fantasy sports games on its website,
fanduel.com. On June 22, 2017, Parnell filed a class-action
lawsuit in the circuit court alleging that FanDuel ran a
series of advertisements promoting its fantasy sports games,
which informed new subscribers that if they deposited $200
into their account, FanDuel would match their deposit with
$200. In his complaint, Parnell alleged that this advertising
was illegal because FanDuel did not match his $200 deposit
when he opened his account. Parnell alleged violations of the
ADTPA and unjust enrichment on behalf of himself and the
putative class. Parnell submitted the following proposed
All citizens of the State of Arkansas that subscribed to
FanDuels service by opening an account with a sum of $200.00
from August 1, 2015, to December 31, 2015 (the "Class
Period"). Excluded from the Class are the presiding
judge, and his/her immediate family members, and Defendants
officers, directors, employees, and agents.
FanDuel subsequently moved to dismiss the action based upon
an amendment to the ADTPA passed by the General Assembly in
2017. The amendment, then House Bill 1742, made two
alterations to the existing law pertinent to this case.
First, it changed the remedy available to civil litigants to
the recovery of their "actual financial loss."
Second, the amendment prohibited private class actions under
the ADTPA. 2019 Ark. Acts 986, § § 2, 3. In its motion to
dismiss, FanDuel argued that Parnells complaint failed to
allege an actual loss and also that the class allegations
could no longer be maintained under the amended ADTPA. The
circuit court agreed with FanDuel and dismissed both
Parnells complaint and the class allegations.
Standard of Review ...