Asked in Consumer Law and Business Law for California

Q: Video Game 'Challenge' - False Advertisement (?) "Free Item" not stated as limited quantity What california law?

A video game, subject to California Law, had a challenge that required certain requirements to be met in said video game. Requirements did also include time spent in said game.

When as of 11-02-24 the user attempted to claim said item it was said that it was in fact a 'limited quantity' item. Though acknowledged by developer as not being stated anywhere.

Using the Challenge to get people to play said game, with desire to win the 'Free item'. (True intention not known)

Is this false advertisement, if so, under what california law?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, false advertising is prohibited under the state's Business and Professions Code, particularly under Section 17500. This law prohibits any untrue or misleading statements made in connection with the sale or advertisement of goods or services. If the video game developer advertised the challenge as offering a "free item" without disclosing that the item was limited in quantity, and users spent time and effort to meet the challenge requirements with the expectation of receiving the item, it could potentially be considered false advertising.

Furthermore, if the developer's true intention was to entice users to play the game under the false pretense of receiving a free item, it could be seen as a deceptive business practice, which is also prohibited under California law. Deceptive business practices are addressed under Section 17200 of the Business and Professions Code, which prohibits any unfair, deceptive, or fraudulent business acts or practices.

If you believe you have been a victim of false advertising or deceptive business practices related to the video game challenge, you may have legal recourse under California law. You may consider consulting with an attorney who specializes in consumer protection or business law to discuss your options and determine the best course of action to pursue a remedy for any damages or losses incurred. Additionally, you may also file a complaint with the California Attorney General's office or other relevant regulatory authorities for further investigation and potential enforcement action.

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