Nintendo is notorious for taking tough legal action against emulations, leaks, and even YouTube videos. Gary Bowser was just released after serving a three-year sentence for hacking the 3DS and Switch, but he still owes Nintendo $10 million, which he can’t pay back. possible amount. Nintendo’s reputation is so well-known that the Switch emulator was shut down prior to Tears of the Kingdom’s launch to avoid “potential legal risks.”
But today, a father and son turned the tables and filed a potential class action lawsuit against Nintendo.
As reported by Axios, the lawsuit concerns Mario Kart Tour’s “immoral” microtransactions, aka spotlight pipe loot boxes. These were actually removed in September 2022 after he was three years on the market. Purchasing with the premium currency, Rubies, will provide random items such as Drivers, Karts, and Gliders. These are no longer available for purchase and have been replaced with stores, but the lawsuit seeks Nintendo to refund all items purchased by minors.
The father and son allege that the game is designed in such a way that you cannot proceed without purchasing it. They also allege that Nintendo used “dark patterns”, meaning to trick consumers into spending more money, and these practices fall under Washington’s consumer protection law and California’s allegedly in violation of commercial law.
Taken together, the two argue that Nintendo “used and encouraged addictive behaviors similar to gambling.” Father and son also have first-hand experience, as it was revealed that the son (labeled “NA”) used his father’s credit card to spend $170 on a microtransaction for his Mario Kart tour. increase. Neither name was actually listed in the lawsuit, filed in March, and only entered the federal register last week after moving out of state court.
This isn’t the first time in recent history that your average Joe has tried to sue a giant game company. With the Microsoft Activision Blizzard King merger still in progress, 10 San Francisco gamers have filed a federal antitrust lawsuit to stop the merger from going through. “Microsoft already dominates the industry’s most popular and largest video game ecosystem,” they said. And leaving an iconic franchise at Microsoft.”
The lawsuit was ultimately unsuccessful, with the 10 gamers dismissed in March of this year after it was held that they could not prove the merger would produce an “anti-competitive effect.”
We’ll have to wait and see, as it’s unclear what direction the NA suit will go, whether it will have any consequences, or if it will end up like 10 Gamers.
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