A Washington woman has filed a lawsuit in the U.S. District Court for Seattle against Big Fish Games. The lawsuit alleges that the causal game publisher is tricking customers into signing up for monthly payments on game subscriptions. Carolyn Carnahan, who has filed on behalf of herself and other possible class members, is accusing the publisher of enrolling her and other customers in a membership program without notifying the consumer in an obvious way first.
She says that the terms of the subscription are not properly provided when a consumer checks a game out. The only way to see the terms is to click a link to see "more details," though the title to the link and the game being checked out makes no mention of a subscription according to exhibits included in the filing.
The website "provides no warning whatsoever during the checkout process that the customer will be charged on a monthly recurring basis," the complaint states.
The complaint also notes that Carnahan demanded a refund from Big Fish once she has figured out she was being charged... 18 months later. The company did not give her a "full refund," according to the complaint.
Carnahan is ask the court to certify her case as a class action, and that she be granted a jury trial against Big Fish Games.
She accuses the company of unfair or deceptive practices and/or consumer fraud, violating Washington's Consumer Protection Act, and unjust enrichment. The plaintiff seeks damages on behalf of herself and the class, restitution, pre- and post-judgment interest, payment for legal expenses, and injunctive and/or declaratory relief as necessary to protect the interests of the plaintiff and the class.
You can read the full complaint here.