DECISIONS ROUNDUP: NY Court Strikes Down Class Action Settlement Over Sex Scenes In Video Game

Case: John Fenninger v. Take-Two Interactive Software, Inc.

Court: New York District Court

Date: July 30

Facts: A class action lawsuit alleges that Take-Two failed to disclose that the the video game "Grand Theft Auto: San Andreas" hid pornographic materials within the game. The content, unlockable via a mod, was allegedly hidden so as to fool the ratings board and fraudulently attract more youthful consumers. Last November, the parties agreed upon a settlement a cash payment of up to $35 for consumers who submit detailed proofs of purchase. The settlement came under criticism for the few consumers who applied for the settlement and the large legal fees awarded the plaintiffs lawyers in the case. The court reviewed whether to accept the settlement.

Holding: A federal judge has put the brakes on the settlement. United States District Judge Shirley Wohl Kram decertified the class action, ruling that purchasers of the game residing in different states under different state laws could not be lumped together in this class action.

To read the ruling, click here.