Game Politics reports that the class-action lawsuit filed by Bruce McMahon and Christopher Bengston against Rockstar Games and Take-Two has been dismissed by a US District Court in California.
In mid-September, Grand Theft Auto V was launched at a “premium” price, but without GTA Online, which was not available until October 1. GTA online had its fair share of technical problems at the time of launch, but it ultimately went online only two weeks after the GTA V was released on Xbox 360 and PS3.
In relation to this delay in the launch of online multiplayer component for the game, the lawsuit was filed on October 4. The plaintiffs of the lawsuit argued that Rockstar and Take-Two failed to deliver the full, promised Grand Theft Auto V experience and was engaged in “unlawful” “unfair,” or “fraudulent” practices because they had advertised and marketed Grand Theft Auto V as having an online component.
The class-action lawsuit claimed that the absence of promised service constituted false advertising resulting in violation of consumer protection laws.
U.S. District Court Judge Virginia A. Phillips, however, disagreed with the plaintiffs’ arguments, noting that the information provided on the game package did not specify the online portion to be available immediately after the launch. She granted Take-Two’s motion to dismiss the case citing a disclaimer on the package alerting potential buyers that online features “may not be available to all users.”
Judge Phillips found these disclaimers to be sufficient information to potential buyers that the online component may not be available at the launch and dismissed the case.
