A class-action lawsuit filed in Multnomah County Circuit Court last week claims the Oregon Lottery leads video poker players to believe they’ll have better chances if they let the machines choose cards for them, when that is not actually the case.
Justin Curzi, the plaintiff in the suit, told OPB he describes himself as a casual video poker player. He says he noticed that when he used the “auto hold” function on the machine, rather than choosing which cards to hold himself, the machine did not choose the cards that would give him the highest payoff. For example, the machine would hold cards that would be most likely to give him a straight when other available cards would have given him a flush (which would be a better hand).
Curzi and his lawyer, Jay Zollinger, made a public records request to the Oregon Lottery and they say the documents they got show the agency is aware of this problem. The Oregon Lottery has not commented on the lawsuit.