Grand Theft Auto Class Action, Revived On Appeal

A district court in California had thrown out a case brought by two disgruntled game purchasers who said packaging of the new Grand Theft Auto V video game led them to believe they’d be able to interact with other players online. When they got it home they found that capability was not part of the package, and they went to court with claims of  false advertising and unfair competition. The defendant, Take-Two Interactive Software, Inc., argued it hadn’t misled consumers because the package didn’t say “immediately,” and that was enough for the district court to dismiss the case. But the Ninth Circuit, explaining that where there is a motion to dismiss the court is required to review the claims in the light most favorable to the plaintiff, has reversed the dismissal. A post from Arent Fox explains what happened in this case and offers some takeaways.