Video game class action lawsuits overview:
- Who: Class action lawsuits and settlements have recently involved a number of video game console companies and mobile gaming app developers, including Sony, Nintendo, Supercell and Zynga, among others.
- Why: Allegations and settlements involving the video game companies and gaming app developers revolve around allegations of false marketing, concealing defects and violating state gambling laws.
- Where: Video game class action lawsuits have been filed across the country.
Consumers have filed a number of class action lawsuits recently against video game console companies and gaming app developers over claims ranging from false marketing to concealing defects.
Last month, a consumer accused Sony of hiding a defect in its PlayStation 5 console that allegedly causes it to suddenly crash when a video game is being played.
The plaintiff behind the PS5 class action lawsuit argues Sony violates both state and federal consumer law by allegedly knowingly selling defective PS5 consoles.
“Despite its knowledge of the Console Defect, Defendant failed to, and continues to fail to, disclose the defect to consumers prior to them purchasing the PS5, nor has Defendant taken any substantial action to remedy the problem,” the console lawsuit states.
Sony is aware of the alleged defect through online consumer complaints, warranty repair requests and resources located in its own online server, according to the PS5 class action.
Amazon, meanwhile, faced a class action lawsuit in June over claims it sold the allegedly defective PS5 consoles on its online marketplace Amazon.com.
The consumer behind the PS5 class action argues Amazon fails to disclose to its customers that the consoles allegedly contain a defect that causes them to shut down while a video game is being played.
“Nowhere did Defendant disclose to Plaintiff and other purchasers of the PS5 that there is a Console Defect which causes the PS5 to crash and power down,” the console lawsuit states.
Similarly to Sony, Amazon is being accused of being well-aware of the alleged PS5 defect due to online consumer complaints and “the overall recognition of the defect in the gaming community.”
Meanwhile, in April, two parents argued that their children should be able to file a class action lawsuit against Nintendo over claims the company’s Switch devices are sold with defective controllers that begin to malfunction and drift after a period of use.
The alleged Switch device controller defect has been called the “Joy-Con drift” and led to the company issuing a public apology in 2020 and creating a free repair program.
The parents argued that their minor children should be able to file a complaint against Nintendo since, as minors, they aren’t bound by the same End User License Agreement as an adult would be.
Nintendo, meanwhile, argues the minors do not have standing to file a complaint since they did not purchase the Switch devices and thus cannot allege that they suffered any harm which was cognizable.