The British Columbia Supreme Court has certified a class action against Electronic Arts Canada Inc. for selling “loot boxes” to consumers in its video games, including games in the FIFA, Madden NFL, NHL, NBA Live, and The Sims series.
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. 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” or characters. The plaintiff’s claim includes allegations that EA took 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.
In reasons for judgment issued on December 5, 2024, the Court certified the plaintiff’s claims that EA’s offering of loot boxes constitutes a “deceptive act or practice” and is “unconscionable” under the Business Practices and Consumer Protection Act. The Court’s decision means that the plaintiff may advance these claims to trial.
“The Court’s decision to certify this class action is a crucial step to facilitating access to justice for consumers who purchased EA’s loot boxes,” said Sam Jaworski, a partner with Slater Vecchio LLP. “We are committed to advancing the rights of Canadians who claim to have been subject to deceptive and unconscionable corporate conduct.”
The class action represents British Columbians who purchased loot boxes in a number of EA’s games since 2008. A separate proposed class action filed in Quebec seeks to represent Canadians resident outside of British Columbia who purchased EA’s loot boxes. A court has not yet ruled whether that action may proceed to trial.
None of the plaintiff’s allegations have been proven in Court.
For more information or to participate in this class action, please visit our website at slatervecchio.com/class-action/loot-boxes-class-action.