EAST ST. LOUIS - A mother claims her son became so addicted to video games that he frightens her, according to a suit at U.S. District Court.
Cynthia Jimenez of Marion County filed the suit on Nov. 15 against game makers Microsoft, Epic Games, and Roblox, and platform providers Google and Nintendo.
Her counsel, Breean Walas of Atlanta, wrote, “Cynthia Jimenez has been the recipient of gamer’s rage and withdrawal symptoms which instills fear in Cynthia Jimenez.”
“She has personally experienced emotional distress, pain, suffering, mental anguish and loss of money as a proximate result of defendants’ misconduct,” she wrote.
Walas claimed Jimenez’s 14 year old child started playing video games at age seven and has played at an increasing and uncontrollable pace since then.
She claimed the child experienced emotional distress, physical injuries, diminished social interaction, and lack of interest in hobbies or sports.
She added that withdrawal symptoms included rage, anger, physical outbursts, attention deficit, and depression.
Walas claimed the teen's addiction required medication, counseling and an individual education plan.
She claimed Epic addicted the child with its Fortnite game, Roblox addicted the child with a game of that name, and Microsoft addicted the child with Minecraft.
Walas focused the complaint on what she called microtransactions, claiming players in free games repeatedly purchase items at a low price in order to advance a game.
She claimed free games with microtransactions are referred to as freemium.
Google and Nintendo allegedly take a cut from each purchase, typically 30%.
Walas claimed the strategy for developers and publishers is that long term revenue from microtransactions will outweigh revenue from one time purchases.
“This is because microtransaction spending can easily and quickly add up to hundreds or even thousands of dollars,” she wrote.
She claimed microtransactions make up 30% of total revenue across the gaming industry.
Unlike patches or updates that remove bugs and enhance experiences, microtransactions are components of a game that companies planned in advance, the suit stated.
Walas claimed defendants rely on algorithms built into the game yet concealed from users.
She claimed their predatory tactics include convincing players they’re close to winning, encouraging them to get back money they just lost, and suggesting a prize is available for a short time or in short supply.
She added that defendants collect and use player data to maximize the likelihood of spending.
Games allegedly track player metrics and adjust their design in automated ways.
Walas claimed the system knows more about a player than a player can know about a game.
She claimed psychologists and statisticians made Fortnite as addictive as possible.
Players also allegedly pay for advantages over other players.
Walas explained that defendants give bonuses to big spenders because it’s better to give them occasional free things than for them to get fed up and stop paying.
She sought damages for Jimenez and the child for anguish, pain and suffering.
She also sought damages for the child for injuries, costs of treatment, loss of normal life, and loss of ability to learn.
The court clerk randomly assigned Magistrate Judge Mark Beatty, who will preside unless a party declines consent to magistrate jurisdiction.
If that happens the clerk will assign a district judge.