Michigan Man Asserts “Compulsive Gambler” Counterclaim in Debt Collection Lawsuit

A former Greektown Casino customer recently filed a pro secounterclaim for $20,000 when Greektown tried to collect on a $6,000 debt. Terry Collins alleges that the casino knew he “ha[d] the disease of uncontrollable gambling” and failed to stop him from “losing his life savings.”  Collins asserts both a negligence claim, based on Greektown’s alleged legal duty to protect him from having gambling losses, as well as an unjust enrichment claim, alleging that Greektown “took advantage” of his “uncontrollable gambling disease.”
 
According to the complaint, Greektown alleged that when $6,000 in markers accumulated by Collins came due, his checking account could not cover the debt and he allegedly refused to pay using other methods. Greektown asserted breach of contract, unjust enrichment and fraud claims against Collins. 

In his answer, Collins denied all of Greektown’s substantive allegations, including refusing to admit that Greektown issued him the markers.  While Collins did not cite his alleged gambling problem as a basis for excusing himself from the $6,000 debt, his counterclaim highlights his problem. This action is not unique: Several past compulsive gambling claims arose in the form of similar counterclaims to casino debt collection (e.g., Harrah’s Club v. Van Blitter, 1988 U.S. Dist. LEXIS 18348 (D. Nev.)).