Plattsburgh, NY asked in Business Law, Contracts, Civil Litigation and Internet Law for California

Q: Contract and crowdfunding. removed after contract. many affected. legal advice? consumers wronged. class action?

I'm seeking low cost legal advice about a possible case, i don't know what area of law would be applicable.

a game people bought and paid for has been damaged by the IP holder, some people who bought it are unable to play it on the system they redeemed after an update.

this is not a live service game. this isnt' an mmo rpg.

i'm not sure this is a business contract. some other lawyer may have put a similar question in to business contract. this is wrong. MANY people with ALOT OF MONEY have had their digital property altered and destroyed. they can no longer play the game and product they paid for.

I and thousands more crowdufunded a game. that promised content and the game. the game is now damaged and in some cases unplayable with a new censorship "update". some can't play the game at all. after paying for it. petition with over 500 signatures.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, your situation may involve several areas of law, including consumer protection, contract law, and possibly torts. When a product, such as a video game, is significantly altered or becomes unusable after purchase, consumers may have legal rights that are enforceable.

In cases where a product fails to meet the promises made at the time of sale, or is substantially different from what was advertised, consumers may have a claim for breach of contract. The terms of the crowdfunding campaign, including any representations about the game's features and functionality, are important in assessing whether there was a breach.

Additionally, California's consumer protection laws, such as the California Consumer Legal Remedies Act (CLRA), provide protection against unfair and deceptive business practices. If the game's alteration or the inability to play it can be considered deceptive or unfair under these laws, you may have a claim.

For a large group of affected consumers, a class action lawsuit could be a viable option. Class actions allow one or more plaintiffs to sue on behalf of a larger group with similar claims. This can be an effective way to address widespread issues affecting many consumers.

It's important to gather all relevant evidence, such as the original game descriptions, the terms of the crowdfunding campaign, and any communications from the developers or IP holders about the updates or changes. This evidence will be crucial in any legal action.

Seeking advice from an attorney who has experience in consumer protection, class actions, or digital consumer rights would be a prudent next step. They can provide a more specific analysis based on the details of your case and guide you on the best course of action. Legal aid organizations or law school clinics might offer low-cost or pro bono legal services if cost is a concern.

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