I wouldn't call it a scam. It worked for awhile and gambling sites took advantage to save on the TX fee while also keeping their micro bettors / withdrawals happy. Something does need to be changed though... might be best to create another thread on this subject to get more exposure
This case is actually normal and wouldnt take too long to confirm if the network isnt too crowded with the transaction. It seems the btc price going down could be the reason that it is taking this long . As for your information, the last 5 blocks 400974 - 400978 is full of transactions. Even a high priority transaction of 0.0001 fee would take ages to confirm as this point so this is not really Fortunejack's fault