Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A California gamer has filed a class action lawsuit against a developer after he bought $20,000 of digital goods in anticipation of a role-playing video game which was never actually made.
Plaintiff James Falls filed the class action lawsuit in February against Soulbound Studios USA (SBS) and Soulbound Studios, LLC, alleging the developers of the game Chronicles of Elyria took money from consumers, never made the game and have been denied refunds.
“As a result of this conduct, Defendants have profited from retaining the money it is required to refund to every person who, like Plaintiff, requested for a refund and did not receive it,” Falls says.
The class action lawsuit explains that SBS began development of Chronicles of Elyria in November 2016.
The game was widely anticipated, advertised as a role-playing universe where consumers experience a “unique and compelling quest system where personalized, procedurally-generated story arcs follow characters no matter where they go in the world.”
The company launched a fundraiser through Kickstarter, with a goal to raise $900,000, and went on to raise $1,361,435 to develop the game, Falls says. He says SBS also made approximately $8 million in total sales for the game, partly from the Kickstarter, and more than $6 million from SBS’s online store.
Falls says he himself purchased about $20,000 of downloadable content through the store, “with the expectation of receiving those items and using them in Chronicles of Elyria.” He is also suing the payment processing company Xsolla, through which he made the purchases.
In 2017, Falls says SBS released an announcement of the games’ progress, along with a video of gameplay footage. The problem, Falls alleges, is that the footage shown was in fact cinematics, not actual gameplay footage — as the game had not been produced.
“Generally, when game play footage is shown it boosts the confidence of the community to further support the developer because it lets consumers know what the game currently looks like,” Falls says.
Despite spending thousands of dollars on product for the game, Falls says SBS CEO Jeremy Walsh has since announced the company has stopped its production.
Falls is seeking to represent anyone in the world who purchased downloadable content for Chronicles of Elyria within the last four years and didn’t get a refund for it. He estimates there are at least 1,000 people in the Class.
He’s suing for breach of contract, violations of state consumer protection laws, and unfair competition and seeking certification of the class action, disgorgement, restitution, fees, costs and a jury trial.
Class action lawsuits against video game developers can sometimes end in settlements. In February, gamers reached a $26.5 million settlement with Fortnite maker Epic Games Inc. over claims regarding in-game purchases.
Do you think consumers should be granted refunds in this case? Let us know in the comments!
The plaintiff is represented by Evan Selik and Christine Zaouk.
The Chronicles of Elyria Refund Class Action Lawsuit is Falls et al., v. Soulbound Studios, LLC et al., Case No. 2:21-cv-00961, in U.S. District Court for the Central District of California.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
- Class Action Lawsuit Claims Dell Duped Gamers With ‘Upgradable’ Laptop
- How We Got Here: The Epic Games-Apple Court Showdown
- Roblox Fleeces Child Users Through ‘Clever’ Content Deleting Scheme, Class Action Lawsuit Alleges
- Sony Monopolized the Online PlayStation Market, Violating Antitrust Laws, Class Action Claims
One thought on Gamer Says He Spent $20K on Non-Existent Video Game ‘Chronicles of Elyria’
I’d just like to follow this case so I can hear the story of the moron who decides to spend $20k on any in-game content, let alone a game that hasn’t even been made yet. I also hope this is unsuccessful, because Kickstarter’s terms are clear.