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Game Publisher Square Enix Slapped With Class Action Suit For False Advertising, 'Product Enrichment'

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One day, gamers will get together to sue Square Enix for always lying to them about how infinitely sequelized "Final" Fantasy games are never really final. But until then we'll just have to sit back and see how this false advertising federal class action lawsuit against the game publisher plays out.

The suit is based on the massively multiplayer online game (the same genre as World of Warcraft) Final Fantasy XI, which charges monthly fees. The suit seems to allege that since none of the previous Final Fantasies followed the ongoing pay-for-play model, players were duped into buying a game they didn't realize they'd have to keep buying for as long as they cared to play.

Courthouse News Service on the suit:

Named plaintiff Esther Leong of San Francisco says that Washington-based Square Enix lied about or concealed its monthly fees, penalties for late payments, interest, restrictions, and other things that should have been fully disclosed at points of purchase.

The class seeks damages of more than $5 million, alleging unfair business practices, false advertising, and unjust enrichment.

And by the way, the photo accompanying this story is in no way pervy because photographer Plankton 4:20 says the E3 booth babe pictured has the posterior of a Final Fantasy XI character. Also, the shot is totally symbolic of the publisher's tricky, seductive marketing. And stuff.

Class Sues Online Gamer Square Enix [Courthouse News Service, via Destructoid]
(Photo: Plankton 4:20)

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Comments:

72
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These people are stupid. And stuff.

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There are no penalties for late payments.
You have to pay for a month before you can play. If you card expires at some point during your subscription they cut you off.
Regardless of that point, this is entirely silly.

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the photo accompanying this story is in no way pervy because hotographer Plankton 4:20 says the E3 booth babe pictured has the posterior of a Final Fantasy XI character

So the Final Fantasy characters have tramp stamps? These games just keep getting more realistic.

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This is the biggest case of false advertising since my suit against "The Neverending Story".

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Hotographer? Freudian slip?

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@Piri: Well, you do need to provide the payment info, but you get the free month before you are responsible for any subscription fees. Other than that, agreed, this is silly.

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Wow. This might be the flimsiest lawsuit in the legal history of the West.

In a totally unrelated story, I was *shocked* to discover my cell phone company wants more money (every month, no less) from me beyond what I paid when I signed up. The nerve! Perhaps I should sue...

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So I clicked on the picture and I find an article about a silly lawsuit? And stuff?

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@Bluth_Cornballer:


I love tramp stamps! More women should display such stamps so that men know whom to approach. It would make "dating" so much easier!

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@tinyrobot:


Not quite sure where you're going with this. Your cell phone contract clearly informs you of all charges, taxes and fees. This information is readily provided prior to purchase.

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Can someone explain what "unjust enrichment" is supposed to mean, exactly?

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@Gramin: So is the information that FFXI had a monthly fee. That's the point.

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Considering it says right on the box that an additional monthly fee applies...I'm not sure who is more stupid...the person filing this claim, or the law firm/lawyer who took it on.

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@Stoli: That would be any paycheck Billy Mays gets.

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@Gramin: Yeah, I think you missed the sarcasm there.

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@B: Thank you. I came to the comments looking for Lionel Hutz, and was not disappointed.

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@Piri: i also agree, this is ridiculous. they just turn off your game. and $5mill? they're just looking for quick cash, as they say on WoW: Lrn2Wrk if u want Gold

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@Bluth_Cornballer: oh, i'd say it's completely pervy considering it was taken by a ho-tographer.

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Since when would it be considered "pervy" to look at the backside of a woman displaying a tramp stamp and having what looks to be a tail attached to her skirt?

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good write up Phil, you are making the consumerist funny again with your clever wit and dead-pan humor

things just weren't the same after Consumer Reports bought them out.

what's worse is that the folks at Consumer reports trying to hard to be cool which in turn leads them to be uncool, which in a way is kampy cool...

i guess that balances things out.

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@HiPwr: I'm assuming that "pervy" is some kind of bastardization of the word "perverted", of course.

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The final fantasy games are generally not sequels to one another. Also, I find it amazing that there's anyone out there who plays final fantasy that would just go out and by XI without reading any kind of review, talking to anyone who knows anything about the game, or even reading the box long enough to realize its an MMORPG. I really hope this lawsuit falls flat on its face, although maybe there are some subtleties I'm missing here.

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Just by the fact that the filing mentions "Late Fees" and no MMORPG payment structure known to man has them makes me think this is all clumsily built on some reverse engineered suit against a utility company or some other creditor. Most of this doesn't even make sense.

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@B1663R: How dare you speak ill of our Consumerist!

No, I was thinking the same exact thing the other day, ah the good ol days...(of like a year ago)

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@Piri: What I don't understand is that these folks bought an MMO and didn't realize they'd have to pay for monthly access? Or am I just a dork and misreading what the plaintiffs are saying here?

If you buy an MMO, uh, it's pretty clear usually, that it requires an online subscription to access the content (i.e. - WoW, WAR, etc). The only way I could see them having a leg to stand on is if the product is marketed as a dual product - you can play in either standalone or online modes. Having never bought or played a FF game, I don't know whether they qualify as standalone or MMOs.

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@mac-phisto: Which made me wish it actually ended.

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I am a big Final Fantasy Fan. When FFXI came out, I didn't buy it because it said on the box that it cost money to play. I honestly can't see how this could be a valid suit.

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I didnt know they added a Mithra tramp stamp in the expansions! Must have to reactivate my account again!

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@Stoli: "being greedy" ... and stuff, which is what the lawyers will be doing in the case gets any traction

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@LadySiren: I think the issue they're pointing at is that they didn't know it was an MMO, so they thought they just spent a chunk of change on the latest RPG, only to be caught in something completely different. That being said, still stupid.

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@Piri: I can kinda see the point here.


Let's say he is a gamer who doesn't read about games before release, but has played all the other Final Fantasy games.


He buys a game thinking that what he pays will allow him to play the game, in it's full form, for ever and ever (like the previous 10 FF games).


If he doesn't know what a "MMO" game is, and if it doesnt specifiy on the box that you must pay each month to play the core part of the game (not like mulitplayer in Halo), then he might have some sort of case.

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@LadySiren: "What I don't understand is that these folks bought an MMO and didn't realize they'd have to pay for monthly access? Or am I just a dork and misreading what the plaintiffs are saying here?"

Nope thats what they are trying to say, How they think they will get away with it with Online in the NAME of the game, and monthly fees on the front and back of the box or envelope (in the same of the trial pack) god only knows. Its interesting the game has been out for years and only NOW has a lawsuit gone through.

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Let's not forget this game's been out for what, 5 years in North America and 6 years in Japan? Fail for not realizing this after 5 years.

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@mac-phisto: TWO awful sequels. The third movie was so bad it almost makes part two look decent in comparison.

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@mac-phisto: That's funny, I read it as 'hot-ographer' and, in my mind, am defining that as one who investigates, catalogs, and categorizes hotness.

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Her butt is as flat as a pancake. Poor chicky.

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This is complete BS, honestly. FFXI informs you multiple times -- even before buying -- that there's a monthly fee. Also, it's one of the easiest MMORPGS to cancel. The only thing they might have a case on is late fees -- but I've never heard anyone talk about late fees for this game. I'm not sure how that even works, as they just charge whatever card you have signed up.

P.S.: Phil, loved you on The Frank Show!

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@Kaellorian:


That's nothing. I clicked on the link to the article and got a Websense block page.

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@B1663R: No, it's more like things haven't been the same since all the oversensitive whiners started invading the comments with their shrill cries of "OMG THAT'S NOT FUNNY" and "HOW DARE YOU CALL YOURSELF A PROFESSIONAL BLOG".

However, I will agree that Phil's posts are a step towards making the Consumerist funny again.

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@HiPwr: Because it's pretty pervy to take a picture of just a woman's ass (in public no less) when she doesn't know you're taking it.

I went to a chili cook-off in my town last year and there were some young women handing out fliers for a new club in the area. They were dressed up, not exposing anything and they didn't even look provocative, but there was this nasty redneck-looking guy taking pictures of them, but only when they weren't looking. Even thinking about that makes my skin crawl.

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Didn't FF online come out like 4 years ago? Or more? This seems very... tardy I guess.

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FYI for those that don't know, the reason the series is called Final Fantasy is because when Square made the original back in the 80's it was thought to be their last game as they were out of money. Then the game took off and the rest is history.

Me thinks the announcement of FF XIV Online at E3 has stirred this up.

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Um....you're kidding right? I know America can be sue-happy, but if you didn't know that FFXI is a MMORPG and that you'd have to pay for it, then you'd have to be blind or stupid.

I don't see how they have a case here. It's written all over the packaging that "additional fees are required".

Not Squenix's fault that people didn't read the not even fine print.

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Well the closest I can find what may of sparked this lawsuit. Is some game forum. Not for sure if it is this or not. There is some griping about some issues with the payment system and being billed multiple times in one month. Sounds like the payment system is not all that great. Nor is the customer service for it.
Most of the information I have found is from the suite itself.

[www.ffxiah.com]

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@Jim Topoleski: That sort of makes sense, but one would reason that if you are into Final Fantasy games enough to just blindly buy anything with the title "Final Fantasy", you would know enough about XI to know that it is an MMO. I've only finished one Final Fantasy game in my life and I don't own a console newer than a Dreamcast and I knew that FFXI was an MMO with monthly fees. It's not the company's fault that the consumer didn't do any research before dropping a chunk of change on a game.

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@Bluth_Cornballer: I played that game like 5 or 6 years ago, but I can tell you she is dressed like a Mithra (cat/lady/sexy). Maybe I played for too long...

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@AlteredBeast:


It specifies on the front of the box that "Internet Connection Required. Additional Online Fees Required"


So its hard to see how you could miss it.