A California law firm has filed a lawsuit against Gearbox and Sega claiming that they falsely advertised Aliens: Colonial Marines through press and trade show demos.
Polygon reports that the class action suit was filed in the Northern District of California court by Edelson on behalf of plaintiff Damion Perrine. It claims that demos at trade shows were not accurate representations of the final product. The suit will seek damages for those that that pre-ordered or bought the game on the day of release, as by sending out review code to the press under an embargo that lifted the day of release, the suit claims that consumers would have no knowledge of the differences between the early demos and final product.
“Each of the ‘actual gameplay’ demonstrations purported to show consumers exactly what they would be buying: a cutting edge video game with very specific features and qualities,” reads the claim. “Unfortunately for their fans, Defendants never told anyone – consumers, industry critics, reviewers, or reporters – that their ‘actual gameplay’ demonstration advertising campaign bore little resemblance to the retail product that would eventually be sold to a large community of unwitting purchasers.”
Edelson LLC’s Ben Thomassen also told Polygon: “The gaming community had a strong reaction to the release of Aliens: Colonial Marines. We think the video game industry is no different than any other that deals with consumers: if companies like Sega and Gearbox promise their customers one thing but deliver something else, then they should be held accountable for that decision.”
We gave the title a 5 in our Aliens: Colonial Marines review in February.