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The Pokémon Company, Nintendo Co. Ltd. and app maker Niantic Inc. are facing a class action lawsuit filed by a condominium association that claims its unwanted “Pokestop” designation has created a major disruption to its residents.
The Villas of Positano Condominium Association Inc. filed the Pokémon Go class action lawsuit last week in California federal court.
It is a nonprofit organization comprised of residents of the Villas of Positano, an oceanfront condominium complex located in Hollywood, Florida.
Pokémon Go is a popular “augmented reality” app that allows users to take on the role of “trainers” and capture and collect fantasy creatures called Pokémon in real-world surroundings by relying on the GPS, camera and gyroscope features on users’ mobile devices.
The Pokémon images appear superimposed over a real-world image on the player’s phone screen, and the users can attempt to “catch” the Pokémon by swiping their phone screens.
According to the Pokémon Go class action lawsuit, the GPS coordinates of certain real-world locations were programmed into the app and were designated as “Pokestops” and “Pokémon gyms.”
At these locations, users can obtain access to in-game items that they can use to catch Pokémon or engage in virtual “battles” with other app players.
Upon its July 6, 2016 release in the United States, the app became tremendously popular among users.
“In the two months since its release, Pokémon Go has been downloaded more than 30 million times and earned hundreds of millions in dollars in revenue,” the Pokémon Go class action lawsuit states.
“At the time this complaint was filed, mobile users were spending more time playing Pokémon Go than using other popular applications such as Facebook, Twitter, WhatsApp, Instagram, and Snapchat,” the Nintendo app class action lawsuit continues.
However, the condominium association argues that the Pokestops and Pokémon gyms were placed on private property, including the Villas of Positano, without the consent of the property owners.
“In early July, shortly after the release of Pokémon Go, residents of the Villas became aware of hundreds of non-residents infiltrating their private condominium complex during the early hours of the morning, behaving ‘like zombies, walking around bumping into things,’” the Pokémon Go class action lawsuit states.
The residents subsequently learned the property had been designated as a Pokestop.
These large crowds of nonresidents caused problems at the Villas, according to the Pokémon class action lawsuit. Illegal parking, late-night talking and loud music were among the complaints listed by the residents.
The Pokémon Go players reportedly stayed on the premises for hours each night and left behind garbage.
Because there are no public bathrooms at the Villas, “many Pokémon Go players used the Villas’ landscaping as a toilet during their nightly incursions,” the class action lawsuit alleges.
Despite their requests to have the Villas removed from the app, the Villas continue to be listed as a Pokestop. As a result, the Villas’ developer has hired off-duty police officers to patrol the property overnight.
By filing the Pokémon Go class action lawsuit, the plaintiffs seek to represent a Class of property owners whose GPS coordinates were designated as Pokestops or Pokémon gyms without their authorization.
The plaintiffs allege the unauthorized designation constitutes an invasion of the Class Members use and enjoyment of their property. They bring claims for nuisance and unjust enrichment.
A similar Pokemon class action lawsuit was filed by a New Jersey homeowner last month.
The plaintiffs are represented by Jennifer Pafiti, Jeremy A. Lieberman, Patrick V. Dahlstrom and J. A. Hood II of Pomerantz LLP.
The Pokémon Go Class Action Lawsuit is The Villas of Positano Condominium Association Inc. v. Niantic Inc., Case No. 3:16-cv-05091, in the U.S. District Court for the Northern District of California.
UPDATE: On Jan. 27, 2017, in separate motions for dismissal, defendants in a consolidated Pokémon Go class action lawsuit argued they can’t be held responsible for the behavior of Pokémon Go players who are not under their control.
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7 thoughts onPokémon Go Class Action Says ‘Pokestop’ Disturbs Condo Residents
UPDATE: On Jan. 27, 2017, in separate motions for dismissal, defendants in a consolidated Pokémon Go class action lawsuit argued they can’t be held responsible for the behavior of Pokémon Go players who are not under their control.
I have 3 gyms and 3 stops that I can see from my house. People park on the grass and come at all hours. I have seen families get out of a minivan to play. When I asked I was told I should play because there is a “badass poké ” there.
This lawsuit should be for anyone who has been affected by this app I almost hit someone on my street almost every night right across my drive way ! This should be nation wide.
Yes please, I’ve had people staring into my back yard and have been told I have a pokéman character in my yard. Living on a corner lot is bad enough with foot traffic, but it also worries me about letting my pets out to run and go potty. I’m afraid someone will grab my pet and run.
Plz include me
The Pokemon catcher’s terrify me when I am at the park walking. They jump out, and I don’t know who they are. I just want to go for a peaceful walk in the park.
Um you do realize you don’t own a park and they’re people adults teens children the elderly people of all ages play. While I don’t condone the trespassing on any private property you need to realize it is not niantic themselves creating the stops and gyms in your local areas. It is the players themselves. In the case of condos, multiunit apartments the stops and gyms that end up in game 100% of the time is the direct result of a person who already lives there. Those who do the reviewing do their best to catch all private properties but they are human and make errors. Sometimes they deny these places just so the submitter can appeal to “niantic” directly which I believe is actually a bot that auto accepts them unless there’s a clear reason for rejection. However back to the point these people are just as entitled to be in and at a park as you. You do not own it and they don’t just jump out. Chances are they’re walking and either you too oblivious or have some issue that your unaware of them being there. But that sounds like a you problem. As for those filing a class action against the company I agree they should be more swift with removing these areas. I play but ive lived in a condo and I wouldn’t want a ton of people walking in and out either. But be aware that the pois only exist once they’re nominated by a player and 100% of the time the oneself that appear in multiunit and condo type living areas are from a resident trying to get an easy home gym and it does violate the games own tos but they have not been good at enforcement