Gamer Hits EA with Class Action Lawsuit for Removing Online Play

On July 24, a consumer protection class action lawsuit was filed against Electronic Arts Inc. (EA) over allegations that the company had promised indefinite online competition but then stopped supporting online play.

In the Electronic Arts class action lawsuit, plaintiff Justin T. Bassett claims that he purchased games made by EA, including Madden NFL, The Sims and FIFA Soccer, after the company prominently advertised that these games would be available for online play. However, EA pulled online support for some of these games after they released newer versions. Basset claims that EA knew that customers would pay a premium for the ability to compete online with other gamers and had intended to withdraw support for these programs despite promising online play.

Bassett alleges in the class action lawsuit that EA’s policy of withdrawing online support for older versions of games cheats the video game purchasers who paid a premium for the online access. According to the class action lawsuit, EA “was motivated to mislead consumers for no other reason than to take away market share from competing products, thereby increasing its own sales and profits.”

Bassett says he purchased a number of EA video games with the understanding that he would be able to compete against others gamers online for a reasonable amount of time, making the higher price worth it to him. The games cost nearly $60 each. In his class action lawsuit, he asserts that he would not have paid the higher price for the games had he known that the ability to compete with others online would only last for a limited period of time. He alleges that EA’s marketing was intended to deceive buyers and convince them to select EA video games instead of games manufactured by the company’s competitors. Bassett believes that the affected members did not receive the full value of the video games.

According to the EA website, www.EA.com, the company will choose to retire video games when the number of users has diminished. The company has retired at least 18 games so far this year.

Potential members of the EA online play class action lawsuit include anyone who purchased an EA video game from March 1, 2007 until the date the class is certified. A potential sub-class includes New York residents who purchased the EA video games in New York from March 1, 2007 until the class is certified.

In the class action lawsuit, Bassett accuses EA of violating the California Consumer Legal Remedies Act, California False Advertising Law, California Unfair Competition Law and New York General Business Law. He also accuses the company of unjust enrichment and breach of express and implied warranties. He is seeking class action status, injunctive relief, attorneys’ fees, and compensatory and punitive damages.

Bassett is represented by Susan M. Coler, Melissa W. Wolchansky and Clayton Halunen of Halunen & Associates and Michael Robert Reese and Kim Richman of Reese Richman LLP.

The Electronic Arts Online Play Class Action Lawsuit is Justin T. Bassett v. Electronic Arts Inc., Case No. 1:13-cv-04208, in the U.S. District Court for the Eastern District of New York.

UPDATE: EA filed a motion in early May 23, 2014, to dismiss the proposed class action lawsuit, saying it clearly states on the back of the box that “EA can retire online features after 30-days notice,” and states in its Terms of Service that all disputes should be arbitrated.