Sega Settles ‘Aliens: Colonial Marines’ False Ad Class Action Lawsuit

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According to court documents filed Monday in California federal court, plaintiffs are seeking the approval of a class action settlement over Sega of America Inc.’s allegedly deceptive marketing of its “Aliens: Colonial Marines” video game.

In 2006, Sega announced that it would produce a video game sequel to the popular film Aliens, which was released in 1986. However, production of the video game was subject to several delays. In 2011, Sega and Gearbox Inc., the game developer, implemented a marketing campaign to create anticipation about the release of “Aliens: Colonial Marines.” As part of this marketing campaign, the video game would be played before a crowd and the footage would be uploaded on Sega’s YouTube channel.

According to the Sega class action lawsuit, the retail version of the “Aliens” video game turned out to be nothing like the game footage displayed online, and consumers who purchased the game prior to its Feb. 12, 2013 release date were not aware of the differences until after their purchase. The plaintiffs assert that they would not have purchased the game or would have waited to purchase the game at a lower cost if they had known that certain features would not be available in the retail version of the game. The court documents indicate that approximately 135,000 people purchased the video game prior to its release date.

The Sega class action lawsuit asserted violations of California’s Unfair Competition Law, False Advertising Law, Consumer Legal Remedies Act, breach of express warranties, fraud in the inducement, and negligent misrepresentation.

The Sega class action settlement, if approved, will provide $1.25 million on a pro rata basis to eligible Class Members. “And depending on how many Class Members ultimately submit claims against the fund, it is entirely possible that claiming Class Members will receive a full refund, making them more than whole, considering that they will also get to keep the video game,” the court documents state.

The plaintiffs argue that the Sega class action settlement “provides an exceptional result for consumers who purchased the video game base on alleged misrepresentations about its quality and features.” If any money is left in the settlement fund after all Class Members who submitted valid claims received full refunds of the purchase price of the video game, the leftover money will be donated to the National Consumer Law Center and Consumers Union. “In no event shall any portion of the fund revert to Sega,” the plaintiffs stress.

Class Members of the Sega class action settlement include anyone in the United States who paid for a copy of “Aliens: Colonial Marines” prior to or on Feb. 12, 2013.

The Sega class action settlement will not release claims against co-defendant Gearbox Inc. Litigation is expected to continue against Gearbox even if the Sega settlement is approved.

Further information about the Sega class action settlement was not immediately available.Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

The plaintiffs are represented by Mark S. Eisen, Rafey S. Balabanian and Benjamin S. Thomassen of Edelson PC.

The Sega ‘Aliens’ Video Game Class Action Lawsuit is Damion Perrine, et al. v. Sega of America Inc., et al., Case No. 3:13-cv-01962-JD, in the U.S. District Court for the Northern District of California, San Francisco Division.