Earlier this year, Hearthstone developer Blizzard Entertainment won its fight to keep its Overwatch loot box lawsuit out of court, forcing the matter intro arbitration. Months later, another parent — on behalf of a minor — is looking to sue the company, this time regarding Hearthstone card packs.
According to court documents, Nathan Harris, from Arizona, and his lawyers filed a proposed class-action lawsuit in California court in early May on behalf of his child, suggesting that Hearthstone’s card pack system deceives players, particularly minors, into making a non-refundable purchase. In the complaint, Harris’ lawyer says the minor spent more than $300 playing Hearthstone from 2019 to 2021, using her father’s linked credit and debit cards without permission. The lawyer argues that the minor didn’t know the odds of getting good cards, and didn’t know she couldn’t get a refund. Apparently, she “almost never received any valuable cards,” according to the lawsuit.
Card packs in Hearthstone function a lot like loot boxes, which have repeatedly been litigated in court and by the U.S. Federal Trade Commission. Hearthstone players are able to play the game for free, but have the option of buying card packs to obtain new cards — hopefully powerful or rare cards.
Harris’ lawyer suggests minors have the right to “disaffirm contracts,” i.e., get out of them or get a refund, under California Family Code. The complaint also takes issue with Blizzard Entertainment not disclosing odds for these packs, as well as its failure to implement “parental control features,” and the right for minors and their parents to get a refund. Harris and his lawyer are asking to court to award the case class-action status, meaning it could include any
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