EA says purchasing loot boxes is simply a matter of choice for players
The B.C. Supreme Court has permitted a class action to be taken against Electronic Arts over the use of “loot boxes” within games.
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According to legal firm Slater Vecchio, the class action will allege EA “takes unfair advantage of players by structuring loot boxes in a way that conceals the reality that players have almost no chance of obtaining a high-value item, resulting in repeated purchases of loot boxes.”
Games in which EA sells loot boxes includes FIFA, Madden NFL, NHL, NBA Live and The Sims series. EA develops and publishes digital or electronic video games played on various gaming platforms including personal computers, gaming consoles and mobile devices such as cellphones. It is a global leader in the industry.
“Loot boxes are games of chance offered within video games. By purchasing a loot box a player pays for the opportunity to obtain a reward that can be used in gameplay,” the law firm states. “Prizes that may be obtained by purchasing loot boxes include in-game currency, weapons and other tools that enhance a player’s ability to win and cosmetic items such as skins.”
On Dec. 5, B.C. Supreme Court Justice Margot Fleming ruled that plaintiff Mark Sutherland could be considered a representative plaintiff on behalf of any other players that want to join the class action.
“Purchasing a loot box provide players with the chance to obtain high-value items that will give them an advantage in the game or some other reward that is unknown or uncertain at the time of purchase. In addition to purchasing loot boxes with virtual currency purchased with real money, or in some games with real money directly, virtual currency can be earned through gameplay and used to acquire loot boxes, although Mr. Sutherland alleges this is very difficult.
“Essentially, he claims that EA takes unfair advantage of players by structuring gameplay and loot boxes and concealing the reality they have almost no chance of obtaining a high-value item, which drives them to repeatedly purchase loot boxes.”
Kerry Hopkins, EA’s senior vice-president of legal and governmental affairs, told Fleming that Sutherland’s claim was wholly misconceived and that purchasing loot boxes was simply a matter of choice for players.
Slater Vecchio partner Sam Jaworski said the court’s decision to certify the class action was a “crucial step to facilitating access to justice for consumers who purchased EA’s loot boxes.” He said the class action would apply to British Columbians who bought loot boxes since 2008.
None of the plaintiff’s allegations have been proven in court.