Abraham Jewett  |  August 26, 2022

Category: Legal News

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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

  1. Amy collins says:

    Please add me andvi think most if them should be sued you never get money you win from them

  2. L. Bailey says:

    I have been playing a mobile game called Evony (owned by Top Games) for several years and the in the last few years there is less and less transparency, misleading and conflicting communication from their customer service and the latency issues have become more and more frequent. They also created an unfair gaming experience by providing development advantages to some and not all.

    1. Hold Evony Accountable says:

      Many Evony players are feeling betrayed and have been abused by top games in similar ways other companies have been sued for. Discord, FB, game stores and other platforms like Reddit are filled with gamers who have illegally been harmed (punished) by this company and even threatened in ways that go far, wide and beyond the user agreement regulations of any game store aka App Store & Google Play. Not to mention the infringement of Top Games on those stores by illegally obtaining privacy sensitive information where for example Apple requires developers to let users use – Hide my email – functions when signing up. Users have no way to defend themselves against these malicious actions after having played the game for years and invested time and in many cases real money. The game psychologically manipulates gamers inducing repetitive addictive patterns and even F2P gamers have unfairly been treated by this company while not having invested monetary value. Their presence in this game alone and the time and effort they spend to play vs paying customers has created the world of evony that is today that would not have been possible without F2P. A real case could be made if players were given the option to come together and address these acts of violence against gamers that really just want to have fun playing together and represent fair play values from the gaming industry. Many users have tried to warn others with bad reviews in stores but Top Games has managed even there to manipulate their position in those stores with false reviews that can very easily be identified.

  3. Michele Henry (Shelly) says:

    Please add me. I am extremely appalled at the fraudulant promises from several gaming apps to be able to earn cash rewards & prize rewards. I have invested an extreme amount of hours over the last month+ following their instructions with false claims that by playing their games I would be compensated! I followed their ever so many instructions, which included them changing the terms thru the process consistently, with the mindset that I would be paid out for my time invested. WHY would ANYONE give up their time for NOTHING??? I am working on screen shots & gathering gaming info from the several fraudulent games soliciting promises of rewards. I am now disabled from many foot surgeries & was searching for some avenue to earn some extra $. I have not earned any income for over 3 years, from earning a good salary in the past. Due to 8 surgeries endured over just a 2 year period (which my first surgeon should be sued) & am waiting for Social Security Disability to approve my (to date) 3rd application with my attorney. I have worked my ass off ALL my life for over 35 years employed & was just looking for a small break for a little money on the side. This is just not right what they are doing, I’m sick of scammers out there.. they need schooling!! I really hope I can assist with this disgusting situation of myself & others being scammed online! I thank you for your efforts to provide a voice for those who could not do so alone. With Great Respect, Shelly

  4. Sunday Lusby says:

    Unity games

    1. Jennifer Elmer says:

      I have also used many of these apps they are going to pay you money to never pay your money I have documented most of them my payment has been approved and would be paid shortly yet never arrived to be in on a lawsuit that would stop these companies cuz there is way too many of them out there but by far any game that says it was made with unity you are definitely never going to get any money off of it every single one of them is a scam

  5. Tammy says:

    I’d like to file a lawsuit against the video game company. Due to obvious harm to a person’s daily ability to function in everyday life. (State of mind)

  6. Ken says:

    Zynga runs Empires and Puzzles. This game is designed to make you spend spend spend. They are getting rich off our addictions. Rigged boards, selling op hero’s then burying them after people spend a fortune to get them. Even though they have a beta server to test them in. The odds of getting these hero’s are ridiculous. They claim it’s free to play, but there’s no way to compete unless you spend money. Even if you do get lucky and get a hero it takes a year to max out level because you can’t get the materials you need within a year unless you buy them. This whole game is a money making scam. It has ruined my life.

  7. Andrew J Denny says:

    Please add me

  8. Peter jones says:

    Cash frenzy scammed me

  9. Dijondre Mason says:

    Please add me

  10. Marlene Saez Gomez says:

    Please add me

    1. Malina Allen says:

      Me too.
      I’ve been grabbing any app I would see ads for hoping to find even one that would actually cashout for 3 years now and found one that sent me $1.00 good faith payment before I ever requested it, kept sending me financial messages as I was playing, led me to feel I had actually finally found one and, I built up a $38,000 series of cashout requests and have my screenshots of them as well as the queued in ine payment stall messages that followed each of my cashout requests AND the second built in method to deter potential players seeking cashouts: a notice that more than just me was submitting my cashout transactions in effort to collect them fraudulently and the stall was that staff would need to investigate it. If you’re committing fraud, do you check back in or follow up or do you walk away? I checked back in. I’ve written him twice. No contact through his website he has listed on google play store. It’s now $38,000 plus another $16,000 as of the other day. I’m going to make someone sit up and pay attention to the fact that developers have built in methods to cheat us that they’re using in the development of the game apps that are being advertised as means of making income. But they aren’t. So we as consumers have what portion of say in such conduct and behavior? We need a game app developer class action lawsuit to hold them fully accountable for the money not being paid and for the designed methods to beat us out of them.

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