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Final Fantasy Suit Alleges Hidden Fees, Penalties

Gamer sues Square Enix on behalf of online players

By Jon Hood
ConsumerAffairs.Com

June 29, 2009

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A San Francisco gamer has filed a class action lawsuit against video game producer Square Enix, accusing the company of deceiving consumers who purchased the online game Final Fantasy XI. The suit specifically focuses on fees and charges not sufficiently disclosed to consumers.

The suit alleges that Washington state-based Square Enix wasn't upfront about monthly fees, late payment penalties, interest, and other charges that gamers faced when purchasing the online game.

Lead plaintiff Esther Leong asserts that, “Through false advertising, unfair and undisclosed business practices, and fraudulent concealment in connection with the advertising, marketing, promotion and sale of the online games, Defendants reaped benefits which resulted in their wrongful receipt of revenues.”

The popular game falls into a category of games known as “MMO,” which stands for massive multiplayer online. Such games are played on the internet, as the name implies, and are capable of supporting hundreds or even thousands of players at once.

Leong is seeking $5 million on behalf of “all persons who purchased or played the online games four years prior to the filing of this lawsuit.” The suit asserts counts in deceptive advertising, unfair advertising, and fraudulent concealment. Leong is especially focused on the monthly fees required to play online, which were apparently not included in previous versions of the game. Customers who don't make timely payments, according to the suit, can face late charges or even have their account wiped out, along with all the progress they made toward conquering various missions.

Final Fantasy — a misnomer given that the game has seen thirteen versions — has been a hit among gamers since its introduction in 1987. The game was developed in a last-ditch effort to save Square from bankruptcy; it was instantly popular and eventually became the sixth best-selling video game franchise of all time.

Class actions involving video games may seem trivial, but plaintiffs in such suits tend to be especially involved, given the time and effort they typically spend playing the game in question. Suits involving hardware or software malfunction are especially common, since thousands of hours of saved playing time can be lost when a system shuts down. In 2005, Sony settled a lawsuit involving PlayStation 2 consoles that gave gamers incorrect “disc read error” messages, There, Sony not only compensated gamers for repair or replacement cost, but also gave them $25 and a free game.

In March, an angry Yale student sued US Airways for $1 million, claiming that the airline either lost or stole his Xbox gaming system from his luggage. Jesse Maiman's suit was a quintessential example of gamers' devotion, given that the airline's policy clearly waives liability for missing electronic items, and that federal law limits recovery for missing luggage is limited to $3,300.

The current suit is being prosecuted by attorneys Ronald Makarem of Makarem and Associates in Los Angeles, and Michael Lee.

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