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Video game class action lawsuits overview:
- Who: Class action lawsuits and settlements have recently involved a number of video game console companies and mobile gaming app developers, including Sony, Nintendo, Supercell and Zynga, among others.
- Why: Allegations and settlements involving the video game companies and gaming app developers revolve around allegations of false marketing, concealing defects and violating state gambling laws.
- Where: Video game class action lawsuits have been filed across the country.
Consumers have filed a number of class action lawsuits recently against video game console companies and gaming app developers over claims ranging from false marketing to concealing defects.
Last month, a consumer accused Sony of hiding a defect in its PlayStation 5 console that allegedly causes it to suddenly crash when a video game is being played.
The plaintiff behind the PS5 class action lawsuit argues Sony violates both state and federal consumer law by allegedly knowingly selling defective PS5 consoles.
“Despite its knowledge of the Console Defect, Defendant failed to, and continues to fail to, disclose the defect to consumers prior to them purchasing the PS5, nor has Defendant taken any substantial action to remedy the problem,” the console lawsuit states.
Sony is aware of the alleged defect through online consumer complaints, warranty repair requests and resources located in its own online server, according to the PS5 class action.
Amazon, meanwhile, faced a class action lawsuit in June over claims it sold the allegedly defective PS5 consoles on its online marketplace Amazon.com.
The consumer behind the PS5 class action argues Amazon fails to disclose to its customers that the consoles allegedly contain a defect that causes them to shut down while a video game is being played.
“Nowhere did Defendant disclose to Plaintiff and other purchasers of the PS5 that there is a Console Defect which causes the PS5 to crash and power down,” the console lawsuit states.
Similarly to Sony, Amazon is being accused of being well-aware of the alleged PS5 defect due to online consumer complaints and “the overall recognition of the defect in the gaming community.”
Meanwhile, in April, two parents argued that their children should be able to file a class action lawsuit against Nintendo over claims the company’s Switch devices are sold with defective controllers that begin to malfunction and drift after a period of use.
The alleged Switch device controller defect has been called the “Joy-Con drift” and led to the company issuing a public apology in 2020 and creating a free repair program.
The parents argued that their minor children should be able to file a complaint against Nintendo since, as minors, they aren’t bound by the same End User License Agreement as an adult would be.
Nintendo, meanwhile, argues the minors do not have standing to file a complaint since they did not purchase the Switch devices and thus cannot allege that they suffered any harm which was cognizable.
Mobile gaming app developers faced, resolved claims in recent months
Mobile game app developers have also recently faced class action lawsuits and been involved in class action settlements.
In June, a consumer alleged Supercell Inc., the maker of mobile app games such as Clash of Clans, Clash Royale and Brawl Stars, of falsely marketing its game as “free” despite allegedly making billions of dollars in in-game purchases.
A minor plaintiff behind the class action lawsuit argues specifically that Supercell unlawfully tempts children into making in-app purchases of in-game currency.
“This system was created to capitalize on and encourage addictive behaviors,” the Clash of Clans class action states. “Minors are especially susceptible to these addiction-forming elements of game design.”
Earlier this month, Zynga agreed to pay $12 million to resolve claims the developer engaged in unlawful gambling schemes through its mobile slot app games.
The class action settlement funds will go to individuals who played Zynga’s Black Diamond Casino, Game of Thrones Slots, Wizard of Oz Slots, Willy Wonka Slots and/or Hit it Rich! slot game apps.
Consumers alleged Zynga violated the law because they could no longer play the slot app games once they ran out of their initial allotment of “free chips” unless they purchased more with real money.
Consumers claim the app slot games therefore constitute illegal gambling since, under Washington law, they argue the chips are “things of value.”
SpinX Games, Grande Games and Beijing Bole Technology, meanwhile, agreed to pay $3.5 million last month to resolve claims they violated Washington law with their various gambling apps.
The class action settlement was made to benefit eligible consumers who played gambling apps Lotsa Slots, Vegas Friends, Jackpot Fever, Cash Bash, Jackpot World, DAFU, Cash Frenzy and Jackpot Mania.
The consumers behind the class action lawsuit claimed the game developers encouraged them to use real money to purchase in-game currency to have the opportunity to get big wins in the casino-like games.
Have you been harmed by a video game console company or mobile app game developer? Let us know in the comments!
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30 thoughts onVideo game console companies, gaming app makers face class action lawsuits
Top games, Inc’s Evony the kings return has done the same. Interested in joining class action against them.
Please let me know if any info on Zynga.com particularly the Words with Friends game
I just found out that Zynga had a data breech in 2019 and my information was part of the data breech. I could not find anything on here about that. If someone can please let me know
Com2us – MLB9INNINGS23 consistently falsely promotes events, then changes their game and rules. These changes ONLY BENEFIT COM2US. Not a single customer… that has been with the game for 6-7 years. They promote purchases to 4 year olds through in-app purchases. It is gambling. They hide errors THEY’VE made, then penalize their own customers to make up for it. They constantly suppress long time customers from improving, by employing timely “UPDATES” that ALWAYS benefit themselves. The are deceptive and unethical at every turn. It is incredibly disgusting.
If someone could contact me reguarding a mobile game that millions of people play and over the years this “FREE” game charging people up to 1000’s in order to play. You pay real $$ to lose it through gaming tactics that you can not win or obtain prizes unless won multiple times. Making you spend more on in app purchases. There are 100s of people that want to do something about how this game has such unfair game play practices, targets underage players, promotes purchases that they will take away from u after spending real money and has no type of disclosure that you are being targeted for consistent in app purchases even if a minor, since your age isn’t a factor in the game nor do they verify if your old enough to make in app purchases to play this “free” not free game.
I have played many bingo and solitaire games that state no money to play but not the case one game I started to play Bingo Fish classic bingo game never asked for money but I had to watch ads every 3 seconds. I didn’t mind because I was winning money. The money was promised 3-15 days in your choice of PayPal cash app etc once you cash out they put you in a queue I finally got to 100 from 2000 in 20 days and kept playing but then I was unable to open app it would load to 99% for 6 days finally I got back on and all my winnings were gone. I started to read the reviews and the same thing was happening to many players so when payday comes they shut it down. Big scam I had at least $200 a day I was winning but no payday. Are there any claims for these games that promise you everything then they shut the game down Headway Suffolk LTD IS THE COMPANY They market no ads no money and goes directly into your pay pal that is not the case I have screen shots of some of my winnings I was supposedly to collect.
Many mobile app developer games do this add me I been trapped into using real money on these apps add me