Cyberpunk 2077 Game Investors File Class Action Lawsuit

On the heels of the Cyberpunk 2077 game being pulled from the market, developer CD Projekt is facing a securities class action lawsuit.

Plaintiff Andrew Trampe claims the company and the individuals named as defendants in the class action lawsuit violated the federal Securities Exchange Act of 1934 when it falsely represented the Cyberpunk 2077 game.

He seeks to represent a Class of those who “purchased or otherwise acquired publicly traded CD Projekt securities” from Jan. 16 to Dec. 17, 2020.

Just a week after the Cyberpunk 2077 game’s release, Sony Interactive Entertainment announced it was pulling the game from its online store following criticism about performance.

Consumers complained the game’s graphics requirements were too much for older consoles, reporting problems such as freezes and textures not loading quickly.

Sony was offering refunds to anyone who purchased the Cyberpunk 2077 game.

The game was pushed back several times; its initial release, set for April 16, was delayed to Sept. 17, then to Nov. 19 and finally to Dec. 10. 

According to Trampe’s class action lawsuit, CD Projekt released a statement that said while the Cyberpunk 2077 game was “complete and playable,” the release date was being delayed to September while the company performed final “playtesting, fixing and polishing.”

But in early September, Trampe says the company said on a conference call that it was “preparing for final certification” and the “current version, which will be released in November, will be playable from the beginning when next-gen consoles are released; you will be able to play the current-gen version on next-gen from day 1.”

Then on a Nov. 25 earnings call — days after the Cyberpunk 2077 game’s expected release — the company reportedly said the delay was being used to “optimize the game.”

When asked about bugs, a company spokesperson on the call said “such a big game can’t be just bug free,” but added gamer’s shouldn’t be able to see them.

On a December conference call to address the issues, CD Projekt admitted it “underestimated the scale and complexity of the issues, we ignored the signals about the need for additional time to refine the game on the base last-gen consoles.” 

Trampe alleges the defendants “disseminated or approved the false statements” about the status of the Cyberpunk 2077 game and used “devices, schemes and artifices to defraud.”

Trampe says had he and others been aware CD Projekt’s securities market price been “artificially and falsely inflated” by the defendant’s “misleading statements and by the material adverse information which the Company’s and the Individual Defendants did not disclose,” they either wouldn’t have purchased the securities or wouldn’t have purchased them “at the artificially inflated prices that they did.”

He is seeking damages, prejudgment and post-judgment interest, court costs and any further relief the Court deems just. 

What do you think of the Cyberpunk 2077 class action lawsuit? Tell us your thoughts below.

The plaintiff is represented by Laurence M. Rosen of The Rosen Law Firm PA.

The Cyberpunk 2077 Securities Class Action Lawsuit is Andrew Trampe, et al. v. CD Projekt S.A., et al., Case No. 2:20-cv-11627, in the U.S. District Court for the Central District of California.

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