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100,000 Gamers v. Square-Enix in Californian Court

Posted on Thursday 9th July 2009 at 17:06 by sweetdude
Square Enix
One particularly ambitious San Francisco resident has taken Square Enix to court for breach of competition law, false advertising, and unjust enrichment. The class action sets forth the complaint that Square Enix are not clear about the fees and penalties in their MMORPG Final Fantasy XI. The class is none other than the 100,000 gamers on the Final Fantasy XI database. 'All persons who purchased or played the online games four years prior to the filling of this lawsuit to the present' to be precise.

Over $5,000,000, exclusive of interest or legal costs, is sought to be given back to the gamers. If they pull this one off, players will be told of their compensation either by email or on the Final Fantasy XI website. One source believes that Californian courts can be inclined to produce verdicts leaning more towards consumer protection. Don't let me get your hopes up too much.

See below for the complaints against Square Enix, taken directly from the lawsuit:

This case narrowly focuses on Defendants' deceptive advertising, unfair practices, and fraudulent concealment to conceal certain critical information about their online games. The deceptive advertising, unfair and undisclosed business practises, and concealment concern, among others:
i. Licensing of the online games software disguised as a sale;
ii. Monthly fees ("fees") to play the online games;
iii. Penalties for the late payment of the fees;
iv. Interest charges for late payment of the fees;
v. Charges while the online game account is suspended;
vi. Termination of the right to use online games for late payment of the fees;
vii. User restrictions and conditions related to the online games;
viii. Termination of game data for late payment of the fees.

What stands out the most from this complaint is the predominantly negative reception from the gaming community and press. Either they do not understand that this is a conjoined lawsuit, and the complainer merely represents the class, or that this is typical blind support of Square Enix who, ironically, are actually sitting on the opposite side of the table from all players of Final Fantasy XI. Why don't we raise the plaintiff, Esther Leong, on our shoulders and say: "yes we don't want to pay interest and penalties for late payment of gaming fees, this is a fantasy RPG not a credit card."

Source: GamePolitics, Plaintiff v. Square Enix (via GamePolitics), Law of the Game
Posted in: Square-Enix News

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sweetdude

Comments

DrkMagimaster282Comment 1: 2009-07-09 21:18
DrkMagimaster282 By the sounds of this, im leaning actually to side with the players of Final Fantasy XI...i mean, if the account is suspended, they shouldn't have to KEEP PAYING for a game they can't even access at the time! (only one example in particular...)
Ruin's FateComment 2: 2009-07-10 02:32
Ruin's Fate Am I reading this correctly? I could possibly receive money even though I'm not directly involved in the suit?
Rangers51Comment 3: 2009-07-10 12:26
Rangers51
Quote (Ruin's Fate @ 9th July 2009 22:32)
Am I reading this correctly? I could possibly receive money even though I'm not directly involved in the suit?

That's how virtually all class action suits work in the US. If you are potentially in the group, you will receive a notification via mail/email/etc. asking if you wish to be part of the class, at which time you would have to sign a legal affidavit confirming, essentially under oath, that you are qualified to share in the settlement. Then, when the case is settled for a particular amount, that amount is divided among all the class actors and you get a check.

If you go through all those steps, though, you are of course directly involved, just not to the point where you'd have to testify.
Ruin's FateComment 4: 2009-07-10 16:10
Ruin's Fate Ah ok, I see. Thanks, that sounds more realistic than what I was thinking.
MetroidMorphBallComment 5: 2009-07-12 01:37
MetroidMorphBall That's friggin' hilarious. I've never played FFXI so I don't know anything about the case factually, but it'll be pretty interesting to see how it plays out.

Quote (Rangers51 @ 10th July 2009 04:26)
That's how virtually all class action suits work in the US. If you are potentially in the group, you will receive a notification via mail/email/etc. asking if you wish to be part of the class, at which time you would have to sign a legal affidavit confirming, essentially under oath, that you are qualified to share in the settlement.


Actually, under federal and CA state law, once you receive notice of the case you typically become a member of the class unless you choose to opt out of the lawsuit. If you don't respond, you become a member of the class and are bound by the settlement, which means you receive a cut, but can't thereafter sue Squenix on your own for the same claim.

I don't mean this to be specific legal advice for your case, Ruin's Fate, because like I said, I don't know enough about the case to say whether or not you'd qualify for it. If you're really interested in seeing whether or not you're part of the class (i.e. whether you can collect on the judgment) you might want to find out who the attorney is that filed the complaint and contact him or her.
Rangers51Comment 6: 2009-07-12 13:59
Rangers51
Quote (MetroidMorphBall @ 11th July 2009 21:37)
Actually, under federal and CA state law, once you receive notice of the case you typically become a member of the class unless you choose to opt out of the lawsuit. If you don't respond, you become a member of the class and are bound by the settlement, which means you receive a cut, but can't thereafter sue Squenix on your own for the same claim.

Ah, that's interesting, I really didn't remember it being that way in the couple that I have been a part of over the years. I trust you, though! smile.gif
MetroidMorphBallComment 7: 2009-07-12 22:42
MetroidMorphBall
Quote (Rangers51 @ 12th July 2009 05:59)
Ah, that's interesting, I really didn't remember it being that way in the couple that I have been a part of over the years. I trust you, though! smile.gif

The lawsuit for your class may have been in a state court that follows "opt in" requirements. I think there are some that do that, but I don't know civil procedure for courts outside of federal or California courts.
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