Slater Vecchio LLP has filed class-action lawsuits in British Columbia and Quebec on behalf of individuals who purchased loot boxes in certain video games.
A loot box is a game of chance inside a video game in which a player pays for a digital “roll of the dice” chance to obtain a randomized selection of virtual items, ranging from simple customization options for a player’s avatar or character, to game-changing equipment or additional avatars/characters which can enhance a player’s ability to beat others.
The lawsuits allege that companies who sell loot boxes in their video games are in breach of Canada’s Criminal Code and are operating unlicensed illegal gaming systems through this practice. The defendants have also allegedly breached the Business Practices and Consumer Protection Act, the Competition Act and the Infants Act.
These lawsuits seek to condemn the operation of unlicensed illegal gambling systems and to obtain monetary compensation for individuals who have purchased loot boxes sold by these companies.
The Supreme Court of British Columbia certified the action against Electronic Arts filed on behalf of residents of British Columbia in reasons for judgment released on December 5, 2024. By certifying the action, the Court has granted permission for the lawsuit to be heard in front of a judge who will decide whether or not a monetary award will be granted.
A class action is a legal case through which one person makes a claim to the Court on behalf of a similarly situated class of people who have the same or a similar legal claim. A class action seeks to hold a defendant or defendants responsible for their conduct that affects each member of the class by resolving issues that are common to the class in the same legal proceeding, instead of each class member bringing a claim individually.
The individual who first files the claim must ask the Court for permission to proceed as a class action. If permission is granted (referred as “authorized” in Quebec, and “certified” in all other Canadian provinces) and the case may proceed as a class action, the Court will appoint an individual as “Representative Plaintiff” to represent the best interests of the class during the litigation and will define the class group. Each person who meets the criteria of the class group is considered a “Class Member”.
These class actions are brought on behalf of individuals who purchased loot boxes in select games from the following companies:
Electronic Arts (EA); 2K Games / Take Two Interactive, Activision Blizzard, WB Games, Ubisoft, Microsoft, Epic Games, Scopely, Niantic, King, and Zynga.
Some of the games and franchises covered by this lawsuit include FIFA (09-22), Madden NFL (10-22), Grand Theft Auto V, Call of Duty, Fortnite: Save the World, The Walking Dead: Road to Survival, and Pokémon Go. All covered games are listed in the lawsuits against each company located under the ‘Documents’ tab on this webpage.
Individuals who purchased loot boxes in these games are called “Class Members”. These individuals do not need to do anything to formally become Class Members as they are automatically represented by the lawsuit.
Class Members should locate any receipts they have in relation to their purchase of loot boxes.
If you purchased loot boxes sold through any of the video games listed or want to know more about this class action, we invite you to submit your information through the “Contact Form” on this webpage and a representative from Slater Vecchio LLP will reach out to you.
