Revel’s promise that its gamblers “can’t lose” has attracted a class-action lawsuit led by two New York state residents who claim that the casino’s summer marketing campaign was illegal and misleading.

The lawsuit brought by Margaret and Nicholas Peragine, of Lake Grove, N.Y., calls the Revel Casino-Hotel’s promise to refund all slot losses a “scheme” as losses are being returned to gamblers in the form of slot play distributed over a period of time. The lawsuit was filed Wednesday in Newark federal court, according to Joseph Sauder, a Haverford, Pa.-based, attorney.

“Defendants have failed to refund the slot machine losses as promised in the “Gamblers Wanted” marketing campaign by falling back on nearly unreadable fine print located in some, but not all, of Revel’s “Gamblers Wanted,” advertisements,” the lawsuit states.

A spokesperson for Revel did not immediately return a request for comment.

Revel’s “You Can’t Lose” campaign already has prompted at least one other lawsuit. Last month, Megan Boyd and Rakeen Henderson filed a lawsuit in federal court in Manhattan alleging that gamblers were “lured” to the property by the promotion’s hidden rules.

The casino began running promotions July 1 stating that all slot losses would be refunded. Gamblers who lost $100 or more in July are seeing losses refunded to their player’s cards. The refunds started in August and come at 5 percent a week over 20 weeks. However, the money added to players’ cards expires at the end of each week if it is not played.

The $2.4 billion casino has languished at the bottom of the resort’s 12 casino hotels in terms of gambling revenue, but saw significant gains since the promotion began. Last month, the casino that emerged from Chapter 11 bankruptcy in May saw its first back-to-back monthly revenue increase since its opening in April 2012.

Revel saw $23.4 million in gambling revenue in July, a 33 percent increase over the previous year. In August, revenue was up 2 percent at $20.5 million.

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