Gamer Files Class Action Against Sega over Aliens: Colonial Marines

Damion Perrine has filed a lawsuit against Sega related to Aliens: Colonial Marines, which he claims Sega represented falsely in its marketing as a far superior game than was delivered to consumers. He claims Sega engaged in "a classic bait-and-switch" with the game and that it also engaged in false advertising, breach of warranties, fraud in the inducement, negligent misrepresentation and committed consumer law violations. He is seeking to have the lawsuit certified as a class action and has sued on behalf of everyone in the United States who bought the game on or before Feb. 12 this year.

In his lawsuit Perrine claims that Sega promised consumers that they would receive a product with specific qualities and features, but then delivered something else entirely – to the tune of ill-gotten sales. He says that Sega and Gearbox falsely claimed that their marketing campaign showed "actual gameplay" but the footage shown in ads in no way represented the retail product released by Sega on various platforms.

"Defendants never told anyone – consumers, industry critics, reviewers or reporters – that their 'actual gameplay' demonstration advertising campaign bore little resemblance to the retail product that would eventually be sold to a large community of unwitting purchasers," the complaint states.

Perrine claims that Sega and Gearbox used the "actual gameplay" demos at E3 and other trade shows up until its release in February this year.

"Defendants never suggested – either through the 'actual gameplay' demonstrations themselves, interviews, or other media releases – that qualities and features of 'Aliens: Colonial Marines' shown in these 'actual gameplay' demonstrations were not representative of (and, in fact, were far superior to) the planned retail version of Aliens: Colonial Marines that would be sold to customers," the complaint states.

"As such, these 'actual gameplay' demonstrations – which were defendants' primary (if not only) method of advertising 'Aliens: Colonial Marines' – served as public, pre-release guarantees: put your money down, and you'll receive at least what you saw in the demos – which showcased the game's graphics engine, level design, and artificial intelligence, among other specific qualities and features."

But the game released on Feb. 12 was poorly received and "immediately drew stunning and specific comparisons between the final product and the 'actual gameplay' demonstrations that were shown by defendants," Perrine says in the complaint.

Perrine is being represented by lawyer Sean Reis of Santa Margarita, California.

Source: Courthouse News


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