Class Action Lawsuit Says Sony Falsely Advertised ‘Killzone’ Graphics

A class action lawsuit was filed against Sony in California federal court on Tuesday alleging that the company misled consumers about the graphics in their popular “Killzone: Shadow Fall” video game for PS4, marketing them as cutting edge, while in reality, the game is blurry, making it hard to play.

Lead plaintiff, California resident Douglas Ladore, alleges in his class action lawsuit that he purchased the game for about $50.00 in March expecting “groundbreaking multiplayer graphics.”

“Sony claimed that the PS4 was so powerful that its featured Killzone video game could display ‘1080p’ multiplayer graphics, a crowning achievement in the video game industry,” the plaintiff alleges in the Killzone class action lawsuit. “Unfortunately, Sony’s marketing and on-box representations turned out to be nothing more than fiction.”

The class action lawsuit alleges that Sony represented in its marketing of Killzone and on the game’s packaging that the game would take full advantage of the PS4’s processing power by using progressive-scanning technology in which a television uses all of the pixels available in each frame. “Because of the dozens of reports about Killzone’s next-generation multiplayer graphics, along with the unqualified ‘1080P’ label on the game’s consumer-facing technical specifications, over 2 million consumers purchased [the game],” the class action lawsuit alleges.

However, according to the Sony Killzone class action lawsuit, after receiving complaints from game purchasers about an unusual motion blur effect and after “a well-respected video game website reported that Killzone’s multiplayer did not actually provide ‘1080p’ graphics as advertised,” Sony disclosed that it had in fact used a short cut to provide the results it promised in its advertising campaign for the game. “Sony never advertised and convinced consumers to buy a technological shortcut,” alleges the class action lawsuit. “Instead, through Killzone’s pre- and post-release marketing campaign, Sony advertised—and caused dozens of websites, gaming blogs, and industry articles to report—that Killzone would provide unprecedented ‘native 1080p’ multiplayer graphics. What’s more, Sony’s marketing culminated in on-the-box representations that Killzone would provide 1080p multiplayer graphics. None of these promises were true.” According to the complaint, “’1080p’ refers to an industry-standard graphical resolution of 1,920 vertical lines of pixels by 1,080 horizontal lines of pixels with progressive scanning.”

Ladore argues that Sony negligently misrepresented the game’s technological capabilities stating, “[Sony] knew, and in fact intended, that plaintiff and class members would rely on [Sony’s] public representations about ‘Killzone’’s 1080p multiplayer graphics, including its online statements and the representations made on the game’s physical packaging, in choosing whether or not to purchase [the game]” in his class action lawsuit. The plaintiff argues that Sony’s alleged misrepresentation constitutes a violation of the California Consumers Legal Remedies Act, the Unfair Competition Law, and False Advertising Law. He also claims Sony breached express and implied warranties, committed negligent misrepresentation, fraud, and received unjust enrichment. In addition to class certification, LaDore seeks economic and monetary damages for himself and the class, as well as an injunction and other equitable relief.

Douglas Ladore and the putative Class are represented by Mark S. Eisen, Jay Edelson, Rafey S. Balabanian, Benjamin S. Thomassen and Amir Missaghi of Edelson PC.

The Sony Killzone Graphics Deceptive Marketing Class Action Lawsuit is Ladore v. Sony Computer Entertainment America LLC, Case No. 3:14-cv-03530, in the U.S. District Court for the Northern District of California.