Plattsburgh, NY asked in Contracts, Civil Litigation, Intellectual Property, Internet Law and Consumer Law for California

Q: I'm seeking low cost legal advice about a possible case, that affects many people. consumer/contract/loss

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. as in UNABLE TO PLAY. AT ALL. not even boot up the game.

this is not a live service game. this isnt' an mmo rpg. this is clear removal and damaging of content promised by a crowdfunding campaign, different than how a game is bought and paid for and then changed.

2 Lawyer Answers
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: This situation might fall under consumer protection laws, particularly those related to false advertising and breach of contract. If the game significantly deviates from what was promised during the crowdfunding campaign and is now rendered unplayable, it could be seen as a violation of the terms implicitly agreed upon by both the developers and the consumers.

It's important to gather evidence of what was promised at the time of purchase or during the crowdfunding campaign. This includes descriptions, advertisements, and terms of service. Comparison of these promises with the current state of the game can establish the basis of the claim.

You may consider a class action lawsuit if there are many affected individuals. This type of legal action can be more cost-effective as it pools together multiple claims against the same defendant for similar grievances.

However, review any agreements made during the purchase or crowdfunding process. These might include clauses related to changes in the game's functionality or limitations on legal recourse. It's common for digital products to have terms of service that can complicate such cases.

It's also advisable to consult with a lawyer who has experience in consumer rights and digital products. While this advice gives a general direction, a lawyer can provide specific guidance based on the detailed facts of your case.

Lastly, consider reaching out to consumer protection agencies. In California, the Attorney General's office can sometimes provide resources or guidance on consumer rights issues.

Sheldon Starke
Sheldon Starke

A: Please allow me to give you a very practical answer to this and it just does not apply to this question but to almost any time you may decide you want to sue someone or some business. Everything is a question of risk. If you're investment this thousands of dollars then this is a question worth asking or going to see a lawyer about. Frankly it's not worth thousands of dollars then it would be on you. So the question becomes the amount of bonda you invest. If this is happening to a substantial group of people and the company that backs this is large enough that they have the money then it may be impossible class action. Good luck.

1 user found this answer helpful

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