Clash of Clans Class Action Says Terms of Service Violates N.J. Law

A class action lawsuit filed by a New Jersey man is taking on the company behind Clash of Clans for distributing terms of service that he says violate New Jersey law.

Plaintiff Alan Brahamsha says the terms of service offered by Finnish game company Supercell OY violate the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, or TCCWNA – a powerful consumer protection statute that governs the terms in consumer contracts.

Supercell owns and operates several different mobile game apps including Hay Day, Boom Beach, Clash Royale, and the highest-grossing mobile game of all time, Clash of Clans.

These games require users to create accounts used to purchase in-game virtual items in exchange for real money. Purchases made using these accounts are governed by Supercell’s terms of service, according to Brahamsha.

He argues several provisions of those terms violate the TCCWNA. He says the terms require users to “irrevocably waive all rights to seek injunctive or other equitable relief.” The terms also purport to limit consumers’ financial remedies to the amount of money they have paid to Supercell in the six months prior to asserting a claim.

These terms also fail to specify whether or not they are enforceable under New Jersey law, Baramsha claims.

According to the Clash of Clans class action lawsuit, the TCCWNA was passed to combat consumer contracts that would deceive or confuse New Jersey consumers about their legal rights. The act not only voids provisions of consumer contracts that would violate their rights as consumers; it also gives consumers a right to sue over such provisions.

The act allows consumers to sue for damages when presented with a consumer contract that purports, for example, to waive the seller’s liability for harm, or to require the consumer to waive their right to take legal action.

Contracts that claim some of their provisions may not be enforceable in certain states also violate the act if they do not specifically state whether or not they are enforceable in New Jersey.

Brahamsha says that in 2014 he downloaded and installed Clash of Clans onto three different mobile devices. He was required to assent to Supercell’s terms of service on each device, which at the time contained the provisions he challenges here.

The plaintiff says he ultimately spent $50 purchasing virtual items from Supercell, all of which purchases were subject to Supercell’s terms of service.

Brahamsha is proposing to represent a Class consisting of all New Jersey residents who have created an account in a Supercell game and who have spent money on that account. He estimates thousands of Class Members could match that description.

He seeks a court order voiding the disputed parts of Supercell’s terms of service under the TCCWNA, plus an award of damages, court costs, attorneys’ fees, and pre- and post-judgment interest.

Brahamsha is represented by Ari H. Marcus of Marcus & Zelman PC and by Benjamin H. Richman, Courtney C. Booth and Elizabeth A. Winkowski of Edelson PC.

The Clash of Clans Consumer Protection Class Action Lawsuit is Alan Brahamsha v. Supercell OY, Case No. 3:16-cv-08440, in the U.S. District Court for the District of New Jersey.