How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88353
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Hello, I am looking for assistance in regards XXXXX XXXXX possible

Customer Question

Hello,

I am looking for assistance in regards XXXXX XXXXX possible class action lawsuit against Trion Worlds.

They have released a retail version of a game called Defiance in which the game was not completed nor was it stable upon release. The game which can look up on wiki or their website is a trans-media product that relates in a small way to the show on SyFy.

The game which i purchased was advertised falsely that lured customers in thinking they were going to purchase a certain product. The game its self is full of "bugs" and "glitches" that have robbed the customer base of thousands and thousands of dollars. Many customers including my self have purchased in game Curran with real money. The problem here is that with purchase of this currency customers have thus purchased virtual player "boosts" and in game items. Since the game is unstable many customers have wasted money on a product that does not work nor has Trion Worlds supported these customers. Many cases include customers buying the in game items not knowing that the items they purchased were not working.

Customer support on these claims are non existent and have failed to respond to a large number of the customers who have contacted Trion worlds.


The game its self is not working as explained in the promotional advertisements or the pre-release videos of game play and the in game content was falsely advertised. Trion worlds has failed to take action and supply the customer base with the required support.

Here is a link to more detail information:
http://forums.defiance.com/showthread.php?63764-Calling-bullshot-on-false-game-advertising

I have repeatedly asked trion to respond to my messages and they have failed so I would like to take action into my own hands.

If any case is similar it is the case Gearbox-Sega: Aliens Colonial Marines vs Damion Perrine.

Where do I start, how do I proceed, what is the best route and what do I need for information for evidence?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

As you are a consumer who was deceived by their advertising, you are entitled to bring suit for damages against the company under the Texas Unfair and Deceptive Trade Practices statutes.

Pursuant to TEX.BUS. & COM.CODE ANN. sec. 17.44 (Vernon Pamph.Supp.1986), entitled "Construction and Application" reads:

"This subchapter shall be liberally construed and applied to promote its underlying purposes, which are to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection." The statute continues that unconscionable action or course of action means an act or practice which, by taking advantage of the lack of knowledge, ability, experience or capability of a person, results in a detriment to that person. TEX.BUS. & COM.CODE ANN. sec. 17.45(5) (Vernon Supp.1987).

 

The issue is that you would have to file the suit in the Texas court, but if you want the possibility of this being a class action, that requires you engaging an attorney that specializes in class action suits to locate other victims to add to the suit and get the suit approved as a class action. All class action suits begin as a suit by one person and then the attorneys seek other victims to add to the suit.

 

You need copies of all of their advertisements of the game and then the game itself to show how their advertisements falsely misrepresented the game and its ability and quality and if you have that as your evidence, that is what you need to make a case.

 

You would file this in Texas under the Texas law, they will try to move it to federal court based on diversity of citizenship, but once you file in Texas under Texas law, even if they get the case moved to federal court (the federal unfair and deceptive practices statutes are extremely similar to the Texas law) the federal court would hear the case based on federal law.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 1 year ago.

What about damages and time lost.


 


Let me explain.


 


There is a wide range of in game currency that has been purchased with real money from customers. Many people including my self have lost these items.


 


Trion worlds has failed to reinburse all players for lost of purchased content.


 


 


So for instance, I pay $50.00 for 4,800 BITS which is in game currency. That In game currency is then used in the defiance in game store to purchased "premium" items that give the user(s) a boost at leveling up to finding more items in game that would normally not be found unless you paid.


 


These boosts were recently discovered to not work during a time frame, my friend Dillion who has purchased these boosts did not know that and has yet to receive a refund.


 


That brings another point, how many people are out there that purchased "BITS" to buy these premium items and did not know they were no working?


 


What can be done about this?


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

That is the whole purpose of filing the lawsuit. As part of your lawsuit you would be seeking to recover all damages suffered as a result of their intentional misrepresentation and unfair practices. In your suit, you ask for all of the damages that you or anyone who joins the suit suffered, which includes money you spent to buy their game currency.
Customer: replied 1 year ago.

Could you recommend anybody for this case?

Expert:  Law Educator, Esq. replied 1 year ago.
I apologize, but by state law in Texas and by terms of this site, we are forbidden from making personal referrals. The best we can do is suggest the same sites used by other attorneys to find a local consumer protection attorney, http://www.martindale.com or http://www.hg.org.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.